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PRINTERS AND PUBLISHERS 

Los Angeles. Cal, 



Copyright, 1919 
By C. W. WalHs 



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PREFACE 

The American Republic is a dramatization of the 
political history of the United States of America from 
the Declaration of Independence, July 4th, 1776, to 
the present time. 

The purpose is to present in dramatic form the 
great events of our history in a manner that will in- 
culcate in the minds of the American youth the true 
principles of Democracy and to arouse them to a con- 
scious fact that they are citizens under the best system 
of .government on earth; that the American Republic 
has a STANDARD GOVERNMENT that is the best, 
not only for America, but that ,it is the only form of 
government that has ever worked successfully or that 
ever will work as vv^ell for all civilized peoples of what- 
ever conditions or numbers from a few thousands to 
many millions. 

This dramatization also shows the development of 
our country thru its Oratory, Statesmanship, Music, 
Poetry and Dramatic Art; whether in the Cabinet, in 
Congress, in the Forum, in the Pulpit, in the Studio, 
or on the Platform, on the Stage or on the Screen. 

It is not intended to supplant but to be used as 
an auxiliary to the text books of United States His- 
tory in our public schools and colleges. To this end 
the several acts or episodes are adjustable and suit- 
able for different occasions for entertainment; scenes 
or parts of scenes may be drawn to greater length or 
shortened or even eliminated. 

Only for an elaborate stage production need cos- 
tumes or scenery be required ; they very often detract 
from the real purpose and object to be attained; rather 
concentrate on the importance of voice training, dra- 
matic action, and the cultivation of the imagination, 
the creative faculty. 

The characters in the cast for this production 
may include ail grades of school children from the 



4 THE AMERICAN REPUBLIC 

"tots" to high school students, and may number from 
six or eight to many hundreds, affording an active 
part in Oratory, Recitation, Essay, Song, Dance, Pan- 
tomime, Parliamentary Drill, Debate and Dramatic 
Art for every pupil in any school or college in the 
United States of America or any other nation in the 
world. 

Peoples of all nations are now studying, as never 
before. Forms of Government, and it is for us and our 
children to be prepared to show that we enjoy the 
highest liberty, the widest freedom, under the best 
laws, for the reason that we have the best form of 
government on earth. 




SIj^ Ammtm Witpnhlu 




ACT I 

Scene 1. Congress assembled in the State House, Phil- 
adelphia, Penn. John Hancock, President. 

Time: July, 1776. 

(After rise of curtain Mr. Jefferson makes a motion to ap- 
point a Committee of five to draft a Declaration of Independ- 
ence. This motion is seconded by John Adams. The motion 
is then put in due form and is carried. The President appoints 
on that Committee:) 

Thomas Jefferson of Virginia. 
John Adams of Massachusetts. 
Benjamin Franklin of Pennsylvania. 
Roger Sherman of Connecticut. 
Robert Livingstone of New York. 

These persons rise w^hen appointed and file out 
into an adjoining room as the 

CURTAIN FALLS 

Scene 2. A room in the State House, Philadelphia, 

Penn. 

(Thomas Jefferson, President of the Committee, calls the 
meeting to order and takes from his pocket a copy of the DEC- 
LARATION OF INDEPENDENCE and reads the first two 
sections than stands and pantomimes reading on.) 

At the same time the Committee on ARTICLES 
OF CONFEDERATION, having been appointed a lit- 
tle before the Committee of Declaration of Independ- 
ence was appointed, are holding a meeting in an ad- 
joining room on stage one of their number reads : 



6 THE AMERICAN REPUBLIC 

"Articles of Confederation and Perpetual Union 
between the States New Hampshire, Massachusetts, 
Rhode Island, Connecticut, New York, New Jersey, 
Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina and Georgia. 

ARTICLE I 

The style of this confederacy shall be "THE 
UNITED STATES OF AMERICA." 

The Committee on Declaration of Independence 
break in and Thomas Jefferson continues : 

"Prudence, indeed, will dictate that governments 
long established should not be changed for light and 
transient causes; and, accordingly all experience hath 
shown that mankind are more disposed to suffer while 
evils are sufferable than to right themselves by abol- 
ishing the forms to which they are accustomed.'* 

Thomas Jefferson continues in pantomim.e but not 
heard as the one reading the articles in the other sec- 
tion continues. 

Josiah Bartlett: 

"Article V. Section 1. Congress shall meet on 
the first Monday in November every year. 

"Section 2. No State shall be represented in Con- 
gress by less than two nor more than seven members, 

"Section 3. Each State shall have one vote." 

Jefferson Continues Reading the Declaration, 

"But when a long train of abuses and usurpa- 
tions, pursuing invariably the same object, evinces a 
design to reduce them under absolute despotism, it is 
their right, it is their duty, to throw off such govern- 
ment and to provide new guards for the future se- 
curity." 

Committee on Articles continues: 

"Article IX. Section 5. In recess of Congress 
'A Committee of the States' of one delegate from each 



THE AMERICAN REPUBLIC 7 

State, shall sit instead of Congress and appoint one 
of their number to preside. 

After this is read aloud and while the other Committee 
is being heard the members of this Committee may pantomime 
debating and voting on this Article, a majority voting for it. 

Jefferson: 

"Such has been the patient sufferance of these 
colonies, and such is now the necessity which con- 
strains them to alter their systems of government." 

Committee on Articles: 

''Article XI. Canada, acceding to this Confed- 
eration, and joining in the measures of the United 
States, shall be admitted into and entitled to all the 
advantages of this Union: But no other colony shall 
be admitted to the same, unless such admission be 
agreed to by nine States." 

Jefferson: 

''We, therefore, the representatives of the 
UNITED STATES OF AMERICA, in congress assem- 
bled, appealing to the Supreme Judge of the world for 
the rectitude of our intentions, do, in the name and 
by the authority of the good people of these Colonies, 
solemnly publish and declare that these United Col- 
onies are, and of right ought to be FREE and INDE 
PENDENT States. . . . And for the support of 
this Declaration, with a firm reliance on the protec- 
tion of DIVINE PROVIDENCE, we mutually pledge 
to each other our lives, our fortunes, and our sacred 
honor." 

Committee on Articles: 

"Article XIII. AND WHEREAS, it hath pleased 
the great Governor of the world to incline the hearts 
of the legislatures we represent in Congress, to ap- 
prove of and to authorize us to ratify the said Articles 
of Confederation and Perpetual Union, Know ye, that 
we, . . . do by these presents, in the name of our 
constituents, fully ratify each and every of the said 
Articles of Confederation and Perpetual Union and 
all things therein contained. 



8 . THE AMERICAN REPUBLIC 

"In witness whereof we have hereunto set our 
hand in Congress." 

Committee on Declaration: 

On motion of John Adams and seconded by Ben- 
jamin Franklin, the Committee rises to report favor- 
ably to Congress. They adjourn and file into Congress. 

Committee on Articles of Confederation: 

On motion to recommend the adoption of the Ar- 
ticles of Confederation the Committee adjourns and 
files into Congress opposite door from the other Com- 
mittee as the Curtain falls and immediately rises on 
next scene. 

CURTAIN FALLS 

In the above scene the part taken by the Committee on 
Articles of Confederation may be omitted or the entire scene 
may be left out and play begin with the poem Columbus, 
(Waukin Miller) recited as a prelude, and the drama open 
with the stage set for Scene 1. 

Scene 3 

(Or Scene 1 if Scene 2 is omitted) 

As curtain rises Thomas Jefferson and the rest of the 
Committee enter and take their seats. Jefferson rises and after 
obtaining the floor in the parliamentary way, speaks as follows: 

''Mr. President : I have the honor to report that 
your Committee recommends the adoption of the fol- 
lowing Declaration of Independence: (Reads.) When 
in the course of human events, it becomes necessary 
for one people to dissolve the political bands which 
have connected them with another, and to assume 
among the powers of the earth the separate and equal 
station to which the laws of nature and nature's God 
entitle them a recent respect to the opinions of man- 
kind requires that they should declare the causes which 
impel them to the separation. 

*'We hold these truths to be self-evident, that ALL 
MEN ARE CREATED EQUAL (cheers) ; that they 
are endowed by their Creator with certain inalienable 



THE AMERICAN REPUBUC 9 

rights that among these are life, liberty, and the pur- 
suit of happiness (cheers) ; that to secure these rights, 
governments are instituted among men, deriving their 
just powers from the consent of the governed; that 
whenever any form of government becomes destruc- 
tive of these ends, it is the right of the people to alter 
or abolish it and to institute a new government, laying 
its foundation on such principles, and organizing its 
powers in such form as to them shall seem most likely 
to effect their safety and happiness. 

"Prudence, indeed, will dictate that governments 
long established should not be changed for light and 
transient causes; and accordingly all experience has 
showm that mankind are more disposed to suffer while 
evils are sufferable, than to right themselves by abol- 
ishing the forms to which they are accustomed. 

"But w^hen a long train of abuses and usurpa- 
tions, pursuing invariably the same object, evinces a 
design to reduce them under absolute despotism it is 
their right, it is their duty, to throw off such govern- 
ment, and to provide new guards for the future se- 
curity. Such has been the patient sufferings of these 
Colonies, and such is now the necessity which con- 
strains them to alter their former systems of govern- 
ment. The history of the present King of Great Brit- 
ain is a history of repeated injuries and usurpations, 
all having in direct object the establishment of an ab- 
solute tyranny over these States. To prove this, let 
more than a score of facts be stbmitted to a candid 
world. (Omit all the charges enumerated against the 
King.) 

"In every stage of these oppressions we have pe- 
titioned for redress in the most humble terms ; our re- 
peated petitions have been answered by repeated in- 
jury. A prince whose character is thus marked by 
every act which may define a tyrant, is unfit to be 
the ruler of the people. 

"We, therefore, the representatives of the United 
States of Am.erica, in general Congress assembled, 
appealing to the Supreme Judge of the world for the 



10 THE AMERICAN REPUBLIC 

rectitude of our intentions, do solemnly publish and 
declare that these United Colonies are, and of right 
ought to be, Free and Independent States. And for 
the support of this Declaration, with a firm reliance 
on the protection of Divine Providence, we mutually 
pledge to each other our lives, our fortunes, and our 
sacred honor/* 

After Thomas Jefferson has made the motion to 
adopt the Declaration of Independence and it has 
been seconded, a 

Motion to Strike out the phrase: "All men are 
created equal," is moved and seconded and a 

Motion to Lay on the Table is made and seconded, 
and a 

Motion to Adjourn is made and seconded and 
this, being put, is lost. 

The Motion to Lay on the Table is then put and 
lost, and 

The Motion to Strike out is then put and lost 
(cheers), and the 

Main question on the adoption of the Declaration 
of Independence is then put and the following speeches 
made: 

Supposed Speech of Roger Sherman of Connecticut: 

"Mr. President: I am in favor of the Declara- 
tion of Independence because it contains one of the 
grandest propositions that any system of government 
can build upon, and that is: All men are created 
equal." 

Supposed Speech of Benjamin Franklin, Pennsylvania: 

"Mr. President : I am in favor of this Declaration 
because it sets forth two new but everlasting prin- 
ciples of democracy and these are: 

"1. All men are created equal. 



THE AMERICAN REPUBIvIC ll 

"2. That all governments derive their just pow- 
ers from the consent of the governed. It proclaims to 
all creation the glorious truth that men can govern 
themselves. 

"Up to this time men supposed that power de- 
scended from on high and lit on the heads of a few 
tall men and then a little of it trickled down to the 
great body of the people below. We shall now re- 
verse all this. We now propose to make it begin at 
the bottom and, like sap in the trees in the spring- 
time, go up, and it will continue to go up FOREVER." 

Supposed Speech of John Rutledge of South Carolina: 

"Mr. President : We are about to decide the great- 
est question that has ever been debated in America, 
and a greater, perhaps, never was nor never will be 
decided among men. When I look back through the 
series of political events and consider the chain of 
causes and effects, I am surprised at the greatness of 
this revolution. Britain has been filled with folly and 
America with wisdom. It is the will of Heaven that 
the two countries should be sundered forever; it may 
be the will of Heaven that America will suffer calam- 
ities still more dreadful. If this be the case, the fur- 
nace of affliction produces refinements in States as 
well as in individuals. But I submit all my hopes and 
fears to an over-ruling Providence, in which, unfash- 
ionable as the faith may be, I firmly believe. 

"Time has been given for the whole people ma- 
turely to consider the great question of independence, 
so that in every colony of the thirteen they have now 
adopted it as their own act. 

"The Fourth Day of July, 1776, will be the most 
memorable epoch in the history of America, commem- 
orated as the day of deliverance by solemn acts of 
devotion to God Almighty from one end of the con- 
tinent to the other from this time forward forever 
more. You may think me transported with enthusi- 
asm, but I am not. I am well aware of the toll of blood 
and treasure that it will cost us to maintain this declar- 



12 THE AMERICAN EEPUBIvIC 

ation, yet through all the gloom I can see the rays of 
light and glory; the end is worth all th emeans; that 
posterity shall triumph in this transaction even though 
we should rue it, but by the grace of God I believe we 
shall never rue it/' 

Supposed Speech of John Dickenson of Pennsylvania: 

''Mr. President: I value the love of my country 
as I ought, but I value my country more, and I desire 
this illustrious assembly to witness the integrity if not 
the policy of my conduct. 

"I am opposed to the adoption of the Declaration 
of Independence at this time because it will not 
strengthen us by one man, while it may expose our 
soldiers to additional cruelties and outrages. 

''Before such a step is taken we ought to know 
the disposition of the great powers ; and how far they 
will permit any one or more of them to interfere. It 
is singularly disrespectful to France to make the Dec- 
laration before her sense is known as we have already 
sent an agent to inquire whether such a declaration 
would be acceptable to her, but that agent has hardly 
yet arrived at the court of Versailles. Thus to break 
with Great Britain before we have compacted with 
another is to make experiments on the lives and lib- 
erties of my countrymen which I would sooner die 
than agree to make; at best it is to throw us into the 
hands of some other power, and to lie at mercy, for 
we shall have passed the river that is never to be re- 
passed. We ought to retain the declaration and remain 
masters of our own fame and fate. 

"The forming of our government is a new and 
difficult work. The Articles of Confederation ought 
to be aclotped before the Declaration of Independence. 
When this is done, and the people perceive that they 
and their posterity are to live under well regulated 
constitutions, they will be encouraged to look for- 
ward to independence as completing the noble system 
of their political happiness. 

"Upon the whole, when things shall thus be rend- 
ered firm at home and favorable abroad, then let 



THE AMERICAN REPUBIviC 13 

America, bearing up her glory and the destiny of her 
descendant advance with majestic steps and assume 
her station among the sovereigns of the world. For, 
by the adoption of this Declaration of Independence 
we will be erecting an independent empire on this con- 
tinent which would be a phenomenon in the world ; its 
effect will be immense and will vibrate round the 
globe." 

Supposed Speech of John Adams: 

''Sink or swim, live or die, survive or perish, I 
am for this Declaration. 

"Sir, the Declaration will inspire the people with 
increased courage. Instead of a long and bloody war 
for restoration of privileges, set before them the 
glorious objects of entire independence and it will 
breathe into them the spirit of new life. 

"Read this Declaration at the head of the army; 
every sword will be drawn and a solemn vow uttered 
to maintain it or perish on the field of honor. Pub- 
lish it from the pulpit; religion will approve it and 
the love of religious liberty will cling around it re- 
solved to stand with it or fall with it. Send it to the 
public halls, proclaim it there. Let them hear it who 
heard the first roar of the cannon ; let them see it who 
saw their brothers and sons fall on the field of Bunker 
Hill and in the streets of Lexington and Concord and 
the very walls will cry out in its support. 

"Sir, I know the uncertainty of human affairs; 
but I see clearly through this day's business. You 
and I may rue it. We may not live to see the time the 
Declaration may be made good. We may die; die col- 
onists; die slaves; die, it may be, ignominiously on 
the scaffold ! Be it so ! Be it so ! If it be the pleas- 
ure of Heaven that my country should require the poor 
offering of my life, the victim shall be ready at the 
appointed hour, come when that hour may. But while 
I do live, let me have a country or at least the hope 
of a country, and that a free country! 



14 THE AMERICAN EEPUBIylC 

''Whatever may be our fate, be assured that this 
Declaration will stand. It may cost blood, it may cost 
blood and treasure. But it will stand and will richly 
compensate for both. Through the thick gloom of the 
present I see the brightness of the future as the sun in 
heaven. We shall make this a glorious and immortal 
day. When we are in our graves our children will 
honor it. They will celebrate it with thanksgiving, 
with festivities, with bonfires, and illuminations. On 
its annual return they will shed tears, copious tears; 
not of subjection and slavery, not of agony of dis- 
tress, but exultation of gratitude and of joy. 

"Sir, before God I believe the hour has com.e 
My judgment approves of this measure and my whole 
heart is in it. All that I have, all that I am, and all 
that I hoDe to be in this life, I am ready now and here 
to stake upon it. 

"And I leave off as I began: That 'Live or die, 
survive or perish, sink or swim,' I give my hand and 
my heart to this vote. It has been my living senti- 
ment; and by the help of God it shall be my dying 
sentiment; INDEPENDENCE NOW AND INDE- 
PENDENCE FOREVER." 

(Group of small children run on stage shouting 
and gesturing.) 

Go, ring the bells, and fire the guns. 
And fling your starry banners out. 
Shout "Freedom!" till your lisping ones 
Give back their cradle shout! 

CURTAIN 

Scene 4. Evening programme. 

1. Piano Number — Washington's March (Hail Co- 

lumbia) 

2. The Battle of Bunker Hill . . . Poem by F. S. Cozzens 

3. Liberty Song, "Come Join Hand in Hand," etc. . 

Mercy Warren 



THE AMERICAN REPUBLIC 15 

Come join hand in hand, brave Americans all, 
And rouse your bold hearts at fair Liberty's call ; 
No tyrannous arts shall suppress your just claim. 
Or stain with dishonor America's name. 

Chorus: 

In freedom we're born, and in freedom we'll live, 

Our purses are ready, steady, friends, steady, 

Not as slaves, but as freemen, our money we'll give. 

4. Speech of William Pitt — House of Commons, Jan- 

uary, 1776. 

Mr. Speaker : The day has now come to consider 
the state of the nation with respect to America. 

Gentlemen, this is the greatest subject that has 
ever engaged the attention of this House, one subject 
alone excepted when, near a century ago, it was the 
question whether you 5^ourselves were to be bond or 
free. 

At this time I will soeak to but one point. TAX- 
ATION WITHOUT REPRESENTATION. Sir: It is 
my opinion that this kingdom has no right to tax the 
colonies. They are the subjects of this kingdom, equally 
entitled with yourselves to all the natural rights of 
mankind and the peculiar privileges of Englishmen. 
Americans are the sons, not the bastards, of England. 
Gentlemen tell us that America is obstinate, America 
in almost in open rebellion. Sir, I rejoice that America 
has resisted. Three millions so dead to all the feelings 
of liberty as voluntarily to submit to be slaves would 
have been fit instruments to make slaves of all the rest. 

And, sir, if I were an American as I am an English- 
man, while a foreign foe remained on our soil I would 
never lay down my arms, never, NEVER, NEVER! ! ! 

5. Song ^'Ode to the 4th of July'' 

THE AMERICAN 

Come all ye sons of song, pour the full sound along, 

In joyful strains; 
Beneath these western skies, see a new empire rise, 
Burstins: with glad surprise, 

Tyrannic chains. 



16 THE AMERICAN REPUBIylC 

Now all ye sons of song, pour the full sound along. 

Who shall control; 
For in this western clime, Freedom shall rise sublime 
Till every changing time, 

Shall cease to roll. 

6. Speech of Patrick Henry 

(Delivered at Richmond, Va., on a Resolution to 
put the Commonwealth into a state of defense, 
March 23, 1775) 

This is no time for ceremony. The question now before us 
is one of awful moment to this country. For my own part, I 
consider it as nothing less than a question of freedom or slavery. 

Mr. President, it is natural for man to indulge in the illu- 
sions of hope. We are apt to shut our eyes against a painful 
truth, and listen to the song of that siren, till she transforms 
us into beasts. Is this the part of wise men, engaged in a great 
and arduous struggle for liberty? Shall we acquire the means 
of effectual resistance by lying supinely on our backs and hugg- 
ing the delusive phantom of hope, until our enemies have bound 
us hand and foot? 

Let us not, I beseech you, sir, deceive ourselves any longer. 
Sir, we have done everything that could be done, to avert the 
storm that is now coming on. But our remonstrances have pro- 
duced additional violence and insult. There is no longer any 
room for hope. If we wish to be free — if we mean to preserve 
inviolate those inestimable privileges for which we have been so 
long contending — if we mean not basely to abandon the noble 
struggle in which we have been so long engaged, and which we 
have pledged ourselves never to abandon, until the glorious object 
of our contest shall be obtained — we must fight! I repeat it, sir, 
we must fight! An appeal to arms and to the God of Hosts is 
all that is left us! 

They tell us, sir, that we are weak; unable to cope with so 
formidable an enemy. Sir, we are not weak if we make a proper 
use of those means which the God of nature hath placed in our 
power. The millions of our people, armed in the holy cause of 
liberty, and in such a country as that which we possess, are in- 
vincible by any force which our enemy can send against us. Be- 
sides, sir, we shall not fight our battles alone. There is a just 
God who presides over the destinies of nations, and who will 
raise up friends to fight our battles for us. The battle, sir, is 
not to the strong alone; it is to the vigilant, the active, the 
brave. Besides, sir, we have no election. If we were base 
enough to desire it, it is now too late to retire from the contest. 
There is no retreat, but in submission and slavery. 



the; AMERICAN REPUBLIC 17 

The war is inevitable — and let it come! I repeat it, sir, let 
it come. Gentlemen cry. Peace, Peace — but there is no peace. 
Is life so dear, or peace so sweet as to be purchased at the price 
of chains and slavery? Forbid it, Almighty God! I know not 
what course others may take; but as for me, give me LIBERTY 
OR GIVE ME DEATH! 

7. Song Yankee Doodle 

8. Dance Minuette 




ACT II. 

THE CONSTITUTIONAL CONVENTION 

The Constitutional Convention assembled in 1787, 
in the same city, the same building (the State House), 
and in the same room that the Declaration of Inde- 
pendence was adopted and signed in 1776. 

George Washington was President of this Convention, which 
numbered fifty-five members. An abler body of statesmen had 
not assembled in modern times than this which made the Consti- 
tution in 1787, nor has any assembly met with truer motives or 
produced a grander result. 

(Prominent members file in as their names are called by an 
announcer off stage.) 

George Washington (Va.) — Father of his country. Soldier. 
Statesman. 

Benjamin Franklin (Penn.) — Oldest man in Convention. Phil- 
osopher and Diplomat. 
^ John Dickinson (Del.) — Who opposed the Declaration of Inde- 
pendence, but a true Patriot. 

James Wilson (Penn.) — The ablest Lawyer in the Convention. 

Robert Morris (Penn.) — Financier of the Revolution. 

Gouveneur Morris (Penn.) — Author of our Decimal System of 
money and writer of the Constitution. 

James Madison (Va.) — Father of the Constitution and a Presi- 
dent of the United States. 

Edmond Randolph (Va.) — First Attorney-General of the Cab- 
inet. 

Alexander Hamilton (N. Y.) — Brilliant orator and ablest de- 
fender of the Constitution. Killed by Aaron Burr in a duel. 

John Rutledge (S. C.) — Orator from South Carolina. 

Charles C. Pinckney (S. C.) — Famous for the saying, "Millions 
for defense but not one cent for tribute." 

Rufus King (Mass.) — Noted politician of Massachusetts. Later 
Senator for New York. 

Elbridge Gerry (Mass.) — Famed for the term, "Gerrymander." 

Roger Sherman (Conn.) — The shoemaker statesman from Con- 
necticut. 
(The other members file in and take their seats with Mr. 

William Jackson, Secretary, and several little children as pages 

sitting on steps, and the Doorkeeper and Sergeant-at-arms.) 



THE AMERICAN REPUBLIC 19 

Mr. Edmund Randolph (Va.) : 

Mr. President: I offer the following resolution: 
Resolved, that we set aside the Articles of Confedera- 
tion and adopt the Constitution of the United States. 

This motoin is seconded and put by the President. 

Mr. Wilson: 

I move that the House go into a Committee of the 
whole on the State of the Union. 

This motion is seconded and put and carried. Wash- 
ington appoints Mr. Wilson of Pennsylvania to take the °^'^*^^ 
chair. When he does so Mr. Pinckney of South Caro- 
lina speaks. 

Each speaker addresses the Chair in parliamentary 
form and obtains the floor. 

Here a parliamentary drill may continue ad lib. 
following Roberts Rules of Order, Cushing's Manual, 
Jefferson's or any other standard work. 

Mr. Pinckney (S. C.) : 

''Mr. President: We, the delegates from South 
Carolina, have been instructed to come here to am.end 
the Articles of Confederation; not to set them aside 
and adopt a Constitution. To say that the Articles 
are insufficient and could not be amended or improved 
is, I think, to put the matter out of the reach of the 
powers of this Convention. We must do only what will 
please our people." 

George Washington (Va.) : 

"Mr. President: My wish is that the convention 
may adopt a Constitution that will stamp wisdom and 
dignity on those proceedings and hold up a light which 
sooner or later will have its influence. It may be prob- 
able that no plan we propose will be adopted. Perhaps 
another conflict is to be sustained. If to please the 
people we offer what we ourselves disapprove, how 



20 THE AMERICAN REPUBUC 

can we afterward defend our work? Let us raise a 
standard to which the wise and honest can repair ; the 
event is with God." (It is said Washington made no 
other speech in this Convention.) 

Mr. Edmund Randolph (Va.) : 

''Mr. President: We have met here for the pur- 
pose of amending the Articles of Confederation, but 
this Resolution seeks to set aside the Articles and in its 
place put what we call the plan proposed by the Vir- 
ginia delegates which offers a Constitution of the 
United States. We have two plans set before us. One 
called the NeAV Jersey plan; the other the Virginia 
plan. The difference is this : 

The New Jersey plan makes the State prominent 
and responsible; while the Virginia plan makes the 
people prominent and responsible. 

The New Jersey plan provides for but one Legis- 
lative body; and in it each State shall have but one 
vote; the Virginia plan provides for two Legislative 
branches representing the people according to popula- 
tion and wealth. 

The New Jersey plan is a mere amendment of the 
Articles of Confederation. 

The Virginia plan provides for a complete change 
of government with three departments : The Legislative 
Department consisting of a Senate and House of Rep- 
resentatives. The Executive Department consisting of 
a President ; and a Judicial Department consisting of a 
Supreme Court of the United States and Inferior 
Courts. 

I am in favor of the Virginia plan and favor the 
adoption of the Constitution of the United States. 

Mr. Patterson (N. J.) : 

"Mr. President : We have met in this room as the 
representatives of thirteen independent States for Fed- 
eral purposes. Can we form one government and de- 



THE AMERICAN REPUBIylC 21 

stroy the sovereignty of the very States that have sent 
us here to make it yet more secure? I fancy not. 

Again, what, pray, is a property representation? 
Is a man with twenty thousand pounds to have twenty 
times as many votes as a man with one thousand 
pounds ? 

And what, pray, is a representation founded on 
numbers ? 

Shall I submit the welfare of New Jersey with its 
five votes in a council where Virginia has sixteen? I 
will never consent to the proposed plan. I shall work 
against it all I can. Neither my state nor myself will 
ever submit to despotism or to tyranny." 

Mr. Wilson: (Mr. Wilson calls Mr. Sherman to the 
Chair) 

''Mr. President: Let me remind the gentleman 
from New Jersey that the states have a right to con- 
federate with each other if they please and the rest can 
stay out if they please. If they want their own way 
and go out of the Union, let them go ! (Pounds desk) . 
I want to say here, that I think numbers are the true 
basis of representation. If numbers is not a proper 
rule, why is not some better rule pointed out ? Congress 
has never been able to discover a better. No state has 
suggested any other. Property is not the sole nor the 
primary end of government and society ; the improve- 
ment of the human mind is the most noble object. It is 
absurd to say that New Jersey with her small popula- 
tion should have the same influence in National Coun- 
cils as Pennsylvania, I say it is unjust. I never will 
confederate on such a plan. The gentleman from New 
Jersey is candid and bold. I commend him for it. I 
will be equally candid. I say again I never will confed- 
erate on his principles. For whom do we make the 
Constitution? Is it for men, or for imaginary beings 
called States?" (He resumes the Chair and Mr. Sher- 
man resumes his seat) . 
Mr. Hamilton: 



22 THE AMERICAN REPUBLIC 

"Mr. President : I do not like either the New Jer- 
sey plan or the Virginia plan, but I like the New Jersey 
plan the less. It is the old Articles of Confederation 
with a few patches. It is pork still with a change of 
sauce. I think we ought to throw it all out together 
and adopt the Virginia plan and make it the Constitu- 
tion of the United States provided it is amended, and 
I will offer several amendments to the Constitution 
which I wish to move at some future time." 

Mr. Sherman (Conn.) : 

"Mr. President : I wish at this time to call atten- 
tion to the Executive Department. I am in favor of 
having more than one President, or, if but one, then a 
Council of Revision. 

"The requirements of a good executive are vigor, 
dispatch, and responsibility and I, for one, can't see 
why they cannot be found in three men as well as one. 
A president alone would be a Monarchy and the people 
will never brook a King.'' 

Mr. Rufus King (Mass.) : 

"Mr. President: I will remind the gentleman 
from Connecticut that all the thirteen States including 
his own have already agreed on a single Executive, one 
Governor. Not one State has ever thought of more 
than one Governor. Every one knows that a single 
executive is not a king." 

Mr. Rutledge (S. C.) : 

"Mr. President : I move that the clause prohibit- 
ing the slave trade in 1808, be stricken out. I believe 
that the Southern States should have as good a right 
to buy slaves from a foreign country as from the states 
themselves." 

Pierce Butler (S. C.) : 

"Mr. President: I second the motion." (The mo- 
tion is put and then debated.) 

"Mr. President : Blacks are slaves and therefore 



THE AMERICAN REPUBIvIC 23 

property. I lament that such a species of property ex- 
ists ; but as it does er.ist, the holders of it will require ^ 
its security and protection. North Carolina will never 
confederate on terms that do hot'rat'e their blacks at 
least as three-fifths. This is but just and you must 
do us justice or we will separate from the Union." 

John Langdon (N. H.) : 

"Mr. President: The Southern States threaten to 
separate now in case injury shall be done them. Well, 
there will never be a time when they will not say 'Do 
us justice, give us slavery, or we will separate. Give ^ 
us assurance that our slaves will not be taken from us 
or we will withdraw from the Union.' 

"For my part I will oppose even the name 'slave' 
appearing in the Constitution. I do not v/ant even the ^ 
word 'slave' to be found anywhere in that immortal / 
document." 

Mr. Sherman : 

"Mr. President: Rather than part with the 
Southern States it is better to let them import slaves. 
But I think it wrong to admit in the Constitution the 
idea that there can be property in men. I am in favor 
of prohibiting the slave trade altogether, but to favor 
the South 1 will agree to let it go on till 1808. I v/ill 
vote against striking out the clause." 

Daniel Carroll (Md.) : 

"Mr. President: It seems now well understood 
that the real di:^ference of interest lies, not between the ^ 
large and small states, but between the Northern and 
the Southern, between the slave and the anti-slave 
states. The institution of slavery and its consequences 
already forms the line of discrimination. 

"The equality of vote that each state has in the 9 
Senate will give the slave States a balance of power 
over the anti-slave States, but the latter will have a 
majority in the House of Representatives, where the 
representation is according to population. But the su- 



24 THE AMERICAN REPUBIvIC 

periority of the free commonwealths will, no doubt, 
mcrease from decade to decade till slavery in the 
United States shall be no more. This is a question that 
cannot be finally settled at this time." 

(The motion is then put and a tie vote results. The 
president may vote no or decide the motion is lost with- 
out his vote.) 

Mr. Randolph: 

"Mr. President: I move that the Committee rise 
and report favorable on the Constitution." 

(This Motion is seconded, put, and carried. Mr. 
Wilson then yields the chair to George Washington, and 
after taking his seat, rises and reports.) 

Mr. Wilson (Penn.) : 

"Mr. President : I have the honor to inform this 
House that the Committee reports 'favorable* on the 
Constitution of the United States." 

The President : "What will you do with the Con- 
stitution?" 

Mr. Madison (Va.) : 

"Mr. President: I am in favor of adopting the 
Constitution of the United States,- because it is, I be- 
lieve, by far the most important production of its kind 
in all history. Never in the history of the world has a 
Federal National Government been created. It com- 
bines national strength with individual ability in a de- 
gree so remarkable that it will attract the world's ad- 
miration. Never in the history of man has a govern- 
ment struck so fine a balance between liberty and 
union; betv/een state rights and sovereignty. The 
world has labored for ages to solve this greatest of all 
governmental problems, but it has labored in vain. 
Greece in her mad clamor for liberty had forgotten the 
need of the strength that Union brings, and she per- 
ished. Rome made the opposite mistake. Rome fos- 
tered Union — Nationality — for its strength until it be- 



THE AMERICAN REPUBIvIC 25 

came a tyranny and strangled the child liberty. It has 
been left for us to strike the balance between these 
opposing tendencies ; to join them in perpetual wedlock 
in such a way as to secure the benefits of both. 

"Only the small states here oppose the Constitu- 
tion because they believe that the great states will 
combine against them. Why think of such a thing? 
Can such States ever form such a combination? Does 
not the history of every country on the face of the 
earth disprove it? I call your attention to incidents in 
the history of Sparta, of Athens, of Carthage, of Rome, 
of the House of Bourbon, or of the House of Austria. 
It is the strong States that fall out, the weak ones that 
combine. 

''Sir, I predict that this Constitution of the United 
States will be pronounced by future historians and 
statesmen of the world as the greatest work ever struck 
off by the mind and purpose of man.'* 

Benjamin Franklin : 

"Mr. President: I have lived a long time and 
have often been obliged to change my opinion on mat- 
ters on which I was once sure I was right. The older 
I grow, therefore, the more I am apt to doubt my judg- 
ment and to pay more respect to the judgments of 
others. I agree to the Constitution with all its faults, 
if it have any. I had expected no better and I am not 
sure that it is not the best. It astonishes me to find 
this system approaching so near to perfection. I hope 
that each member who still has objections will doubt 
a little of his own infallibility and put his name to the 
instrument. I propose the following form : 

" 'Done in Convention by the unanimous consent 
of the States present, the Seventeenth day of Septem- 
ber, in the year of our Lord, one thousand seven hun- 
dred and eighty-seven, and of the Independence of our 
United States of America, the tivelfthJ 

"In witness whereof we have hereunto subscribed 
our names." 



d 



26 THE AMERICAN REPUBLIC 

George Washington (holding one hand on the Con- 
stitution and the other uplifted holding the pen) said: 

''Should the States reject this excellent Constitu- 
tion, the probability is that opportunity will never 
again offer to construct another in peace. The next 
will be drawn in blood." 

(Washington signed the Constitution first and the States 
signed in order from the East as follows) : 

New Hampshire — John Langdon, Nicholas Oilman. 

Massachusetts — Nathaniel Gorham, Rufus King. 

Connecticut — William Samuel Johnson, Roger Sherman. 

New York— Alexander Hamilton. 

New Jersey — William Livingston, David Bearly, Wm. Pat- 
terson, Jonathan Dayton. 

Pennsylvania — Thos. Fitzsimmons, Jared Ingersoll, James 
Wilson, Governeur Morris, Benjamin Franklin, Robert Morris, 
Geo. Clymer, Thomas Mifflin. 

Delaware — Geo. Read, Gunning Bedford Jr., Jno. Dickenson, 
Rich Bassett, J. Broom. 

Maryland — James McHenry, Daniel of St. Thomas Jenifer, 
Daniel Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs Spaight, 
Hugh Williamson. 

South Carilona — J. Rutledge, Charles Cotesworth Pinckney, 
Pierce Butler, C. Pinckney. 

Georgia — William Few, Abraham Baldwin. 

William Jackson, Secretary. (Thirty-nine signed.) 

(After all (39) had signed Mr. Franklin made 
the following remarks). 

Mr. Franklin: 

"Mr. President: I have often and often, in the 
course of this session and the vicissitude of my hopes 
and fears as to its issue, looked at that painting behind 
the president without being able to tell whether it was 
a rising or setting sun ! But now at length I have the 
happiness to know that it is a RISING SUN ! r 

In place of taking the time for signing the Con- 
stitution a better plan might be for all to repeat in con- 



THE AMERICAN REPUBI^IC 27 

cert the Preamble to the Constitution : 

We, the people of the United States of America, • ' ' - 
In order to form a more perfect Union ; t ■• 

Establish justice; ^^juA' 

Insure domestic tranquility; ^jULA 

Provide for the common defense; C-rvsA«X< 

Promote the general welfare ; and 
Secure the blessings of liberty to ourselves 
and our posterity 
Do ordain and establish this Constitution for the 
United States of America. 

(In case the preamble is recited, insert Franklin's last 
speech here.) 

(A hint: It is recorded that after the Convention adjourned 
sine die they went in a body and dined together, Washington 
with a short speech excusing himself and retiring immediately 
after dining.) 

Scene 2. A Platform or Stage cleared for Drills. 

DRILLS 

Objective points of drills: 

No. 1. To show the contest between the SMALL 
and LARGE States. 

No. 2. To show the contest between the Northern 
and Southern States. 

No. 3. To show the order in which the States 
entered the Union. 

DRILL NO. 1 

The Small States (Rhode Island, Connecticut, New Jersey, 
Delaware, Maryland, and South Carolina) represented by smaller 
players and the large States (New Hampshire, Massachusetts, 
New York, Pennsylvania, Virginia, North Carolina and Georgia) 
represented by larger players may be shown very well in con- 
test by a dance, "Pearls of Dew Mazurka," by the Victor Dance 
Orchestra. (Victor Record No. 35037-A). 



28 THE AMERICAN REPUBUC 

DRILL NO. 2 
In like manner, by a dance or military drill may be shown a 
contest between the Slave States, Maryland, Delaware, Virginia, 
North Carolina, South Carolina and Georgia on one side and the 
Free Soil States, New Hampshire, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey and Pennsylvania on the 
other, but in different costume, however not in "blue" against the 
"gray" at this time. The Palmetto against the Pine would per- 
haps be better. 

DRILL NO. 3 

The following drill is suggested: 

Let the Goddess of Liberty, Columbia, stand on platform in 
rear of stage at the center, with thirteen flags each having thir- 
teen stars in a circle in the blue field and thirteen stripes. Let 
players enter in the order the states ratified the Constitution and 
entered the Union. First, Delaware marches in from Left Upper 
Entrance, kneels and raises hand appealingly for a flag; Co- 
lumbia gives one of her small flags; Delaware marches down 
stage waving her flag and repeats : "I am the State of Delaware, 
the Diam.ond State, the first State to enter the Union. My birth 
day (date of entrance) is December 6, 1787. (She may give 
her boundary and any other fact of her colonial history, her 
capital, largest city, or any appropriate characteristic of her 
State). With a skip she takes her place on the Left down stage. 
Next the State of Pennsylvania enters and follows the same rou- 
tine for her state, the Keystone State, but takes her place on 
the opposite side of stage to represent a Free State. The States 
follow the same routine till after New Hampshire enters. She 
being the ninth State to enter the "Union," is established by the 
terms of the Constitution. These Nine States may join hands 
and sing "America" or do a dance, giving their flags to Columbia 
until completed, when they retake their flags and resume their 
respective places. After this "Uncle Sam" appears at the door 
up Left and announces to Columbia that the State of Virginia 
seeks to enter the Union. Columbia replies: "Admit her." 
Virginia enters and follows the same routine, as also do the 
remaining States. Rhode Island being the last and smallest 
very haughtily and indeDendently enters and takes her place at 
the head of the Free line and completes the double line with six 
states on the Slave side and seven on the Free Soil side. Co- 
lumbia may come to center with a large flag and all waving 
flags the act may end and the 

CURTAIN FALLS 

Or the drill may continue as outlined in Act IV. 
Scene 1. The Evolution of the Flag. (See Act IV.) 

The following table will assist the director in ar- 



the; AMERICAN RKPUBLIC 29 

ranging these drills: 

STATES AS THEY ENTERED THE UNION 
States as they entered the Union : 

1. Delaware — Slave State, Dec. 6, 1787; unanimous. 

2. Pennsylvania— Free State, Dec. 12, 1787; 46 to 23. 

3. New Jersey, Free State, Dec. 18, 1787; unanimous. 

4. Georgia — Slave State, Jan. 2, 1788; unanimous. 

5. Connecticut— Free State, Jan. 9, 1788; 128 to 40. 

6. Massachusetts— Free State, Feb. 6, 1788; 187 to 167. 

7. Maryland— Slave State, April 28, 1788; 63 to 11. 

8. South Carolina— Slave State, May 23, 1788; 149 to 73. 

9. New Hampshire — Free State, June 21, 1788; 57 to 46. 

10. Virginia— Slave State, June 26, 1788; 89 to 79. 

11. New York— Free State, July 26, 1788; 30 to 27. 

12. North Carolina— Slave State, Nov. 21, 1789; 384 to 282. 

13. Rhode Island— Free State, May 29, 1790. 

14. Vermont — Free State, March 4, 1791; Washington's admin- 

istration. 

15. Kentucky — Slave State, June 1, 1792; Washington's Admin- 

istration. 

16. Tennessee — Slave State, June 1, 1796; Washington's admin- 

istration. 

17. Ohio — Free State, Nov. 29, 1803; Jefferson's administration. 

18. Louisiana — Slave State, April 30, 1812; Madison's admin- 

istration. 

19. Indiana — Free State, Dec. 11, 1816; Madison's administra- 

tion. 

20. Mississippi — Slave State, Dec. 10, 1817; Monroe's adminis- 

tration. 

21. Illinois — Free State, Dec. 3, 1818; Monroe's administration. 

22. Alabama — Slave State, Dec. 14, 1819; Monroe's administra- 

tion. 

23. Maine — Free State, March 3, 1820; Monroe's administra- 

tion. 

24. Missouri — Free State, Aug. 10, 1820; Monroe's administra- 

tion. 

25. Arkansas — Free State, June 15, 1836; Jackson's administra- 

tion. 

26. Michigan— Free State, Jan. 26, 1837; Tyler's administra- 

tion. 

27. Florida — Slave State, March 3, 1845; Polk's administration. 

28. Texas— Slave State, Dec. 29, 1845; Polk's administration. 

29. Iowa — Free State. Dec. 28, 1846; Polk's administration. 



30 THE AMERICAN EEPUBUC 

30. Wisconsin— Free State, May 29, 1848; Polk's administra- 

tion. 

31. California — Free State, Sept. 9, 1850; Taylor's administra- 

tion. 

32. Minnesota — Free State, May 11, 1858; Buchanan's adminis- 

tration. 

Oregon — Free State, Feb. 14, 1859; Buchanan's administration. 

Kansas — Free State, Jan. 29, 1861; Buchanan's administration. 

West Virginia — Free State, June 17, 1863; Lincoln's administra- 
tion. 

Nevada — Free State, Oct. 31, 1864; Lincoln's administration. 

Nebraska — March 1, 1867; Johnson's administration. 

Colorado — Aug. 1, 1876; Hayes' administration. 

North Dakota — Nov. 2, 1889; Harrison's administration. 

South Dakota — Nov. 2, 1889; Harrison's administration. 

Montana — Nov. 8, 1889; Harrison's administration. 

Washington — Nov. 11, 1889; Harrison's administration. 

Wyoming — July 11, 1890; Harrison's administration. 

Idaho — July 3, 1890; Harrison's administration. 

Utah — Jan. 4, 1895; Harrison's administration. 

Oklahoma — Nov. 16, 1907; McKinley's administration. 

Arizona — Jan. 6, 1911; McKinley's administration. 

New Mexico — Feb. 14, 1911; Roosevelt's administration. 

ACT II. 

Scene 3. For this scene any short scene from a 
Classical Play that was produced at that period as 
Sheridan's School For Scandal or any of Shakespeare's 
plays or comedies may be given. One of several of 
these is here given as a sample. 

A Scene from Act III, Julius Caesar 

(No elaborate setting or scenery need be used as it is now 
believed the best effects with young people are gotten without 
such diverting trappings, rather let the attention be concentrated 
upon voice and action and letting the imagination withal be culti- 
vated. Even the prostrate body of the slain Caesar in this scene 
is better imagined. As a stage production of course, costume 
and properties of that Roman period are necessary.) 

As the curtain rises, Senators and people are in a 
panic running hither and thither, shouting and shriek- 



THE AMERICAN REPUBLIC 31 

ing. Caesar lies bleeding having been stabbed just be- 
fore the rise of the curtain. 

Characters Represented 
Brutus Trebonius Decius 

Cassius Cinna Metellus 

Antony Casca Popilius 

{Follow COPY of our cut version.) 



CINNA: 

Liberty! Freedom! Tyranny is dead! 

Run hence, proclaim, cry it about the streets. 
CASCA: 

Some to the common pulpits and cry out 

Liberty, freedom and enfranchisement! 

BRUTUS: 

People and Senators, be not affrighted; 
Fly not; stand still: ambition's debt is paid. 

METULLUS: 

Go to the pulpit, Brutus. 

DECIUS: 

And Cassius, too. 

(Trebonius Enters) 

PIPILIUS (To Trebonius) : 
Where is Antony? 

TREBONIUS: 

Fled to his house amazed: 

Men, wives and children stare, cry out and run 

As it were doomsday. 

BRUTUS: 

Fates, we will know your pleasures: 

That we shall die we know; 'tis but the time 

And drawing days out, that men stand upon. 

CASSIUS: 

Why he that cuts off twenty years of life 
Cuts of so many years of fearing death. 

BRUTUS: 

Grant that, and then is death a benefit; 
So are we Caesar's friends, that have abridged 
His time of fearing death. Stoop, Romans, stoop, 
And let us bathe our hands in Caesar's blood 
Up to the elbows, and besmear our swords: 
Then walk we forth, even to the market-place. 



32 THE AMERICAN REPUBLIC 

And, waving our red weapons o'er our heads, 

Let's all cry, "Peace, Freedom and Liberty!" 
CASSIUS: 

Stoop then and wash. How many ages hence 

Shall this our lofty scene be acted over 

In states unborn and accents yet unknown! 
BRUTUS: 

But here comes Antony. (Enter Antony). Welcome Mark 
Antony. 
ANTONY: 

mighty Caesar! Dost thou lie so low? 

Are all they conquests, glories, triumphs, spoifs. 
Shrunk to this little measure? Fare thee well. 

1 know not, gentlemen, what you intend. 
Who else must be let blood, who else is rank: 
If I, myself, there is no hour so fit 

As Caesar's death hour, nor no instrument 

Of half the worth as those your swords, made rich 

With the most noble blood of all the world. 

I do beseech ye, if you bear me hard, 

Now, whilst your purpled hands do reek and smoke, 

Fulfill your pleasure. Live a thousand years, 

I shall not find myself so apt to die : 

No place will please me so, no mean of death. 

As here by Caesar, and by you cut ojff. 

The choice and master spirits of this age. 

BRUTUS: 

O Antony, beg not your death of us. 
Though now we must appear bloody and cruel, 
Only be patient till we have appeased 
The multitude, beside themselves with fear, 
And then we will deliver you the cause, 
Why I, that did love Caesar when I struck him, 
Have thus proceeded. 

ANTONY: 

Friends am I with you all and love you all, 
Upon this hope, that you shall give me reasons 
Why and wherein Caesar was dangerous. 

BRUTUS: 

Our reasons are so full of good regard 
That were you, Antony, the son of Caesar 
You should be satisfied. 

ANTONY: 1 

That is all I seek; 
And moreover suitor that I may '• 

Produce his body to the market-place; 
And . . . Speak in the order of his fun'ral. 

BRUTUS: 

You shall, Mark Antony. 



THE AMERICAN REPUBLIC 33 

CASSIUS: 

Brutus, a word with you. (Aside to Brutus) 
You know not what you do: do not consent 
That Antony speak in his funeral 
Know you how much the people may be moved 
By that which he will utter? ... I like it not. 

BRUTUS: 

Mark Antony, here, take you Caesar's body, 
You shall not in your funeral speech blame us, 
But speak all good you can of Caesar devise 
And say you do't by our permission; 
Else shall you not have any hand at all 
About his funeral; and you shall speak 
In the same pulpit where to I am going, 
After my speech is ended. 

ANTONY: 

Be it so. I do desire no more. 

BRUTUS: 

Prepare the body and then follow us. (Exeunt all but A.) 

ANTONY: 

O, pardon me, thou bleeding piece of earth. 

That I am meek and gentle with these butchers! 

Thou art the ruins of the noblest man 

That ever lived in the tide of times. 

Woe to the hand that shed this costly blood! 

Over thy wounds now do I prophesy, — 

Which, like dumb mouths, do ope their ruby lips, 

To beg the voice and utterance of my tongue — 

A curse shall light upon the limbs of men; 

Domestic fury and fierce civil strife 

Shall cumber all the parts of Italy; 

Blood and destruction shall be so in use 

And dreadful objects so familiar 

That mothers shall but smile when they behold 

Their infants quartered with the hands of war; 

All pity choked with custom of fell deeds; 

And Caesar's spirit, raging for revenge, 

With Ate by his side come hot from hell. 

Shall in these confines with a monarch's voice 

Cry "Havoc," and let slip the dogs of war! 

CURTAIN 

(End of Scene I.) i 




THE AMERICAN REPUBLIC 



ACT IIL 

Scene 1. The United States Senate in session, Federal Hall, 
N, Y., April SO, 1789. Vice President John Adams is in the 
chair. 

President — ''Next in the order of business is bills on 
first reading. 

Rufus King of Netv York — *'Mr. President, I wish 
to introduce a bill entitled, An Act to Provide for Three 
Administrative Departments: 1. A Department ot 
Foreign Affairs. 2. A Department of Financial Af- 
fairs. 3. A Department of War. And to provide a 
secretary at the head of each department." 

President — 'This is the first reading of the bill." 

John Langdon of New Hampshire — "Mr. President, 
I wish to introduce a bill entitled An Act to Provide 
for Taking the Census Every Ten Years." 

President — "This is the first reading of the bill. 
The next order of business is bills on second reading. 
The Secretary will read them in order." 

Secretarij — "An Act entitled, An Act for the En- 
couragement of and Protection of Manufactures." 

President — "This is the second reading of the bill. 
What will you do with the bill?" 

Robert Morris of Pennsylvania — "I move the bill 
be referred to the Committee on Ways and Means." 
This motion is seconded and put and carried. 

President — "The motion is carried and it is so or- 
dered. The Secretary will read the next bill." 

Secretarij — "An Act entitled, An Act to Provide for 
the Raising of Revenue by Placing a Tax on Whisky." 



THE AMERICAN REPUBIylC 35 

President — "This is the second reading of the bill. 
What will you do with the bill?" 

Pierce Butler of South Carolina — *'Mr. President, I 
move the bill be placed at the foot of the calendar." 
(This motion is put and carried and it is so ordered.) 

Secretary — "An act entitled, The Judiciary Act to 
Provide for a Supreme Court and Inferior Courts." 

President — "This is the second reading of the bill. 
What will you do with the bill?" 

Ellsivorth of Connecticut — "Mr. President, I move 
the bill be referred to the Judiciary Committee." (It 
is seconded and carried.) 

President — "The next order of business is, Bills on 
Third Reading. The Secretary will report." 

Secretary — "An act entitled, An Act to Enable the 
State of Vermont to enter the Union." 

President — "The Secretary will read the bill in 
full." 

Secretary (reads) — "An act entitled. An Act to 
Enable the State of Vermont to Enter the Union. 

"Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America, in Congress 
assembled : 

"That the State of Vermont, having provided for a 
republican form of government to conform to the Con- 
stitution of the United States, is entitled to admission 
into the United States Union. It is provided that the 
boundary of said State of Vermont shall be as follows : 
On the North, by Canada ; on the East, by New Hamp- 
shire ; on the South, by Massachusetts ; on the West, by 
New York." (The above is a suggestive form, of 
course not the exact text.) 

Preside7it — "What will you do with the bill?" 

John Langdon — "I move the bill be put on its pas- 



36 THE AMERICAN REPUBIylC 

sage." It is seconded and carried. 

President — "The Secretary will call the roll and the 
Senators in favor of the passage of the bill will, when 
their names are called, say 'Aye' ; the Senators opposed 
to its passage will, when their names are called, say 
*No.' The Secretary will now call the roll." 

Secretary (calls the roll of states in alphabetical 
order) — 

Connecticut — Mr. Ellsworth and Wm. Johnson. 

Delaware — James Dickenson and Richard Bissett. 

Georgia — William Few. 

Maryland — Daniel Carroll. 

Massachusetts — Cabel Strong. 

New Hampshire — John Langdon. 

New Jersey — Wm. Patterson. 

New York — Rufus King and G. Morris. 

Pennsylvania- — Robert Morris. 

South Carolina — Pierce Butler and C. C. Pinckney. 

Virginia — Richard Henry Lee and Wm. Greyson. 

(North Carolina and Rhode Island were not in the Union 

at this time. After counting the Secretary announces the bill 
has passed.) 

President — "The bill has received a majority of 

votes cast and has passed the Senate. It has already 
passed the House. It will now be engrossed and will 
then be sent to the President and if he signs it then 
it will become a law." 

Door Keeper — "Mr. President: The members of 
the House of Representatives await at the door." 

President — "Admit them." (They are admitted. 
The Senators rise and stand while the Representatives 
enter and sit all together on right side.) 

Door Keeper — "Mr. President: The President of 
the United States awaits." 

President---'' A^mii him." (The President of the 



THE AMERICAN REPUBIvIC 37 

United States enters and is offered the President's 
chair. He takes it.) 

President — "Gentlemen of the Senate and House of 
Representatives : The oath of office will first be admin- 
istered to the President on the balcony of the building 
where Chancellor Livingston of New York will admin- 
ister the oath." (All march out. The President and 
party first, through center; the Senators through left, 
and Representatives through right door. The Secre- 
tary, Charles Otis, holds the Bible on a cushion. George 
Washington stands with his hand on the Bible. (This 
scene may be given in one of the boxes of a theatre.) 

Chancellor Livingston — "Mr. President, you will 
repeat this oath aloud: 'I do solemnly swear that I 
will faithfully execute the office of President of the 
United States, and will, to the best of my ability, pre- 
serve, protect and defend the Constitution of the United 
States.' " (The President does so and then kisses the 
book.) 

Chancellor (shouts) — "Long live George Washing- 
ton, President of the United States!" (All the people 
repeating same words several times.) 

All shout the words of the poem, "Shout for joy," etc., then 
all return to the Senate Chamber in same order as they went 
out. 

President — "Gentlemen of the Senate and House of 
Representatives, the President will now address you." 

President Washington — "Fellow-citizens of the Sen- 
ate and House of Representatives : 

"Among the vicissitudes incident to life, no event 
could have filled me with greater anxieties than to be 
summoned by my country to the trust which she now 
calls me. 

"The magnitude and difficulty of this momentous 
task is sufficient to awaken a distrustful scrutiny into 
the qualifications .of one who, inheriting inferior en- 



38 THE AMERICAN REPUBIvIC 

dowments from nature, and unpracticed in duties of 
civil administration, is peculiarly conscious of his own 
deficiencies. Such being the impression under which 
I have answered this summons, it would be improper to 
omit in this first official act my fervent supplication to 
that Almighty Being who rules over the universe, who 
presides in the councils of the nations, and whose provi- 
dential aids can supply every human defect, that His 
benedictions may consecrate to the liberties and happi- 
ness of the people of the United States a government 
instituted by themselves, for these essential purposes, 
and that His Providence may enable this administra- 
tion to execute with success the functions allotted to 
its charge. 

''No people can be bound to acknowledge and adore 
the Invisible Hand which conducts the affairs of men 
more than the people of the United States. Every step 
of which they have advanced to the character of an 
independent nation seems to have been distinguished 
by some token of Providential agency. 

"The Constitution makes it the duty of the Presi- 
dent 'to recommend to your consideration such meas- 
ures as he shall judge necessary and expedient.' I 
will not at this time enter into that subject further 
than to refer you to the great constitutional charter 
itself under which we are assembled. In your talent, 
rectitude, and patriotism I behold the surest pledges 
that the foundations of our national policy will be laid 
in the purest principles of private morality; and the 
pre-eminence of a free government be exemplified by 
all the attributes which can win the affections of its 
citizens and command the respect of the world. 

"There is no truth more thoroughly established than 
that there exists in the economy and course of nature 
and indissoluble union betv/een virtue and happiness — 
between duty and advantage — between the maxims of 
an honest policy and the rewards of public prosperity, 
we are no less persuaded that the smiles of heaven can 
never be exnected of a nation that disregards the eter- 



THE AMERICAN REPUBLIC 39 

nal rules of order and right which heaven itself has 
ordained, and we are certain that the preservation of 
the sacred fire of liberty and the destiny of the republi- 
can model of government are intrusted to the American 
people. 

"I have one observation to add. It concerns my- 
self and will therefore be brief. When I first entered 
the service of my country I renounced every pecuniary 
compensation during my continuance in office. From 
this resolution I shall not depart. I therefore decline 
any compensation or personal emolument while in this 
office; and ask that the pecuniary estimates for this 
station in which I am placed be limited to such expendi- 
tures as the public good may require. 

*'I shall take my present leave but not without re- 
sorting once more to the benign Parent of the human 
race, in humble supplication that His Divine blessing 
may be equally conspicuous in the tem.perate consulta- 
tions and the wise measures on which the success of 
this government must depend." 

(End of Scene I. Curtain.) 
j^ bG^F - J^ . SCENE 2 

President of the United States Georg'e Wnshington 

Secretary of State Thomas Jefferson 

Secretary of the Treasury Alexander Hamilton 

Attorney General Edmund Randolph 

Secretary of War Henry Knox 

Seated at a table with Georsre Washin^on at the head and 
Thomas Jefferson on his rig^ht with Edmund Randolph next to 
him, the Cabinet is called to order and the President states the 
order of business. 

President — "Gentlemen of this Cabinet, I wish to 
submit to you for counsel and advice several important 
matters, among them are the following: 

1. The Joint Resolution concerning: the title of the Pres- 
ident. 

2. The Excise law. 



40 the: AMERICAN REPUBLIC 

3. The location of the Capitol. 

4. Mr. Hamilton's financial scheme. The Assumption act. 

5. The Protective Tariff bill. 

6. The National Bank bill. 

7. The Slavery question. 

''It will be observed that every one of these ques- 
tions and laws to a greater or less extent, divides the 
country into sections — North and South, 

"Mr. Jefferson, what advise will you give on the 
first matter as to the title of the President? The Sen- 
ate favored, 'His High Mightiness, the President of 
the United States and Protector of their Liberties.' 
The House favored the one which they passed by a 
joint resolution and with which the Senate finally con- 
curred. Shall I approve this resolution? I will ask 
your advise." 

Mr. Jefferson — "Mr. President, I hope that the 
terms, 'Excellency, Honor, Worship, Esquire, Majesty 
and even Mister shall forever disappear from among 
us. I favor the title proposed by the House." 

President — "Mr. Hamilton, what is your advice?" 

Mr. Hamilton — "Mr. President, I would have fav- 
ored the title proposed by the Senate or at least the 
former part of it, 'His High Mightiness, but President 
of the United States' will be satisfactory." 

President — "I also favored a more imposing title, 
but will ask the opinion of Mr. Knox and Mr. Ran- 
dolph." 

Mr. Knox — "Mr. President, I would favor Mr. Ham- 
ilton's idea." 

President — "What is your advise, Mr. Randolph?" 

Mr. Randolph — "Mr. President, I favor the Resolu- 
tion as it passed." 

President — "I will approve the Resolution as it 
passed both houses. The next question is concerning 



THE AMERICAN REPUBIvIC 41 

the Excise Law, a tax on whiskey." 

Mr, Jefferson — **Mr. President, I oppose this law as 
an unwarranted exercise of the federal taxing power; 
the Southern States will oppose and probably nullify 
it." 

Mr. Hamilton — "I favor the law, for besides giving 
us a needful revenue, a tax on whiskey will discourage 
the extensive consumption of an article which many 
believe to be the source of great moral and physical 
evil to the country. I am certain that King Alcohol 
will be the first great enemy that will assault the life 
of the nation. A greater enemy than any foreign force 
that will ever attack or threaten us. I would impose a 
heavy tax upon it with the hope of utterly destroy- 
ing it." 

Mr. Knox — *'Mr. President, I agree with Mr. Ham- 
ilton." 

Mr. Rcmdolph — ''Mr. President, I agree with Mr. 
Jefferson." 

President — ''I shall sign the bill and it will become 
a law. Now let us consider the location of the capital : 
somewhere in the North, as at New York or Philadel- 
phia, or somewhere in the South on the Potomic, 

River." 

Mr. Hamilton — ''Mr. President, I am aware that 
Mr. Jefferson favors taking the capital to a Southern 
State. I am also aware that the South is opposed to 
my financial plan set forth in the Assumption Act. Mr. 
President, we find our country in a state of bankruptcy, 
a financial wreck, with a foreign debt of about 
$12,000,000, a domestic debt of about $40,000,000, and 
the several states' debt of about $25,000,000, making 
in all about $77,000,000. Now all agree that we shall 
pay the foreign debt and a majority agree that we 
shall pay the domestic debts ; but to assume the several 
States' debt, the vote in the House was against it by 
two majority. 



42 THK AMERICAN REPUBLIC 

"I believe that all these debts should be paid, dollar 
for dollar. The government borrowed the money and 
honesty requires that the government should not repu- 
diate its debts. 'Honesty is the best policy' is as good a 
maxim for the nation as for the individual. Besides, 
when a nation assumes a war debt of each and every 
state, we get a policy that will cement the Union into 
a nation. My plan is to provide the greatest financial 
scheme the world has ever known, and cementing the 
union of states into a nation so that the United States 
of America shall be known as the greatest nation on 
the globe. By this system, like Moses in the wilder- 
ness, I shall 'strike the rock of national resources and 
abundant streams of revenue shall gush forth' ; I shall 
'touch the dead corpse of public credit and it will 
spring to its feet.' But you of the South oppose this 
measure. The Northern States went into a greater 
debt for the Revolution than the Southern States and 
this scheme seems to help the North more than the 
South. Now, Mr. Jefferson, I will agree to use my 
influence in securing votes to locate the capital in the 
South, if you will use your influence in getting votes to 
carry my Assumption Act and make it a law upon the 
President's signing it." 

Mr. Jefferson — "I will agree to do that." They 
shake hands over the table. (This scene actually took 
place at a dinner given by Jefferson at his home in 
Washington.) 

President — "By this agreement, if carried out in 
good faith, the capital v/ill be located somewhere on 
the Potomic River and the Assumption Act will become 
a law for I will sign it and that will establish our credit 
and financial systemi upon the rock of good faith and 
for which, Mr. Hamilton, the Republic will owe you a 
debt of perpetual gratitude, and your name will go 
down in history as the greatest organizer and con- 
structive mind of this epoch for having established 
upon a firm basis the true principles of free govern- 
ment.'* 



THE AMERICAN REPUBIylC 43 

President — **We will next consider the National 
Bank Bill. Mr. Jefferson, I will be pleased to hear 
from you on that bill." 

Jefferson — ''Mr. President, I am opposed to the law 
providing for a National Bank. There is nothing in 
the Constitution clearly expressed that would give Con- 
gress a right to take that power from the states. The 
states would have the right to ignore the act as uncon- 
stitutional." 

Hamilton — "Congress has power to do anything 
which is necessary and proper to carry into effect any 
power expressly given it by the Constitution. But the 
right to establish a National Bank is as clearly implied 
as if given as one of its expressed powers." 

Jefferson — "It was not the intention of the framers 
of the Consttitution that Congress should have the 
power to take from the states any right not expressly 
delegated to it. No power can be taken from the states 
by mere implication. All powers of Congress touching 
the rights of the states must be strictly confined to 
those only expressed in the Constitution." 

Hamilton — "The Constitution under so strict an 
interpretation as that would be a lifeless legal docu- 
ment, and nothing more; a bone for dogs to quarrel 
over and not a rod to govern with. If nothing can be 
done which is not expressed in the Constitution, then 
that Constitution can never fit the uses of a great and 
developing state. It is necessary to look at its great 
intention and to judge it to be the possessor of all the 
powers implied in that intention. Your doctrine of 
state rights will lead you to nullify the laws of the 
United States and secede from the Union. My doc- 
trine is that the Constitution once established is irre- 
vocable, and this government cannot be overthrown 
only by a successful revolution." 

Jefferson — "Your National Bank v/ill foster a mon- 
eyed aristocracy and we shall oppose it as by a strict 
construction it is unconstitutional, for a loose construe- 



44 THE AMERICAN REPUBIvIC 

tion will enable a special rich-privilege class to secure 
whatever powers they v/ish, especially laws that will 
please the rich, enlist the rich, and additionally enrich 
the rich. Such a strong government will override the 
rights of the states. A political party advocating such 
doctrines will create a plutocracy. This European 
tendency must be checked if the monarchial spirit is 
to be kept out, and I shall organize an opposition which 
will be known henceforth as the Republican part^^ and 
we will by that party make masterly efforts to evolve a 
higher and better system of government than Europe 
has ever known." 

Hamilton — "In establishing a National Bank, it is 
true we shall use a moneyed class to the end that the 
nation's new government may be strengthened, but I 
am not concerned with a class but with a nation. If it 
is necessary to use a class to accomplish a valid purpose 
I will do it. My object will always be the supremacy of 
the nation at the expense of the class within the nation. 
To me government is a means, never an end. I believe 
in inspiring the growth of a government that will be 
the strongest on earth. I am a Federalist, and favor a 
strong central government, with a corresponding di- 
minishing of the authority of the states. I am not a 
monarchist v/hen I say the governmient of England is 
the best form on earth, but I would use it only as a 
model, not to copy, but to imitate. It is the only gov- 
ernment in the world which unites public strength 
with individual security. The people will not brook 
a monarchy, only a republic can be founded in Amer- 
ica. But I would unite and cement the states into a 
union and form a nation." 

Jefferson — "Your admiration for the English gov- 
ernment tends to ward a monarchy and your National 
Bank will foster a moneyed aristocracy. I hate aristoc- 
racy because it means tyranny and oppression and it 
is in opposition to the principles of liberty and equality. 
I would found a government on the broad theory of 
political equality and equal rights of all men. A rep- 
resentative government based on universal suffrage. 



THE AMERICAN REPUBIvIC 45 

'That government is best that governs least.' There- 
fore, I am a Republican — a Democrat — and favor local 
self-government and state supremacy, for I believe the 
people are capable of governing themselves." 

Hamilton — *'I have little faith in the people's abil- 
ity to govern themselves, therefore I am in favor of 
a strong central government with concentration of 
power in the hands of those especially fitted and set 
apart to govern. Therefore the great danger of the 
federal government lies with the states. I fear dem- 
ocracy because it may lead, as it has done in all his- 
tory, to anarchy and ultimate despotism. From the 
beginning of governments among men in all time down 
to the beginning of the nineteenth century, I use his- 
tory and experience from which to draw my conclu- 
sions. I challenge any man to point to one republic 
worthy of the name existing today, this year of our 
Lord 1789. The crushed and dismembered common- 
wealths of the past show a republican form of govern- 
ment at once most difficult and most dangerous and our 
own Confederacy confirm this fact. 

"The people are not infallible. The people can do 
no wrong,' is as fallacious as 'The king can do no 
wrong.' 'Crucify him ! Crucify him !' cried the people 
when Christ was before Pilot. Vox pojmli est non vox 
Dei. The voice of the people is not the voice of God. 
A wreckless democracy is the most terrible of despot- 
isms. If we incline too much toward democracy we 
shall shoot into monarchy. 

"But with our Senate to check the unstable and pas- 
sion-vacillating tendency of the House of Representa- 
tives, and a strong executive, and by giving the Consti- 
tution a liberal construction, we will have a national 
government with a strong soul and strong organs by 
which that soul operates. Safety as well as liberty are 
the true objects of government." 

Jefferson — "I fear you cannot establish a democ- 
racy, a government of the people by going about it in 
that way. I believe in the people, I am willing to trust 



46 THK AMERICAN REPUBLIC 

the people, I am pleased to be called the man of the 
people. Why can not m.an be trusted with the govern- 
ment of himself? If he can not, then how can he be 
trusted with the government of others? Have we 
found angels in the form of kings to govern us? Let 
history answer that question. 

"1 am not an anarchist only in the position that the 
lowest have equal rights with the highest. I have high 
estimate of the capacity of the American people for 
self-government. I have a high opinion of the wisdom 
and stability of our democracy. I believe we have now 
established a republic that already is the strongest on 
earth." (This scene may close here.) 

Hamilton — ''I believe that men are devoted also 
to their ideals, laws, religion and institutions, the sum 
total of which make up their civilization. I believe that 
the individual is strong because of the power of the 
nation and that the nation is strong because of the de- 
votion of the individual. 

*'I am a Federalist, a Nationalist, who believes that 
deeper than his loyalty to his class or his state, is his 
loyalty to his nation and the national ideals under 
which he lives. 

"1 believe in the idea that the nation is something 
more than the sum of the individual states composing 
it. It is something more than only the all-of-us. Both 
past and present conditions show that mankind does 
regard the state as more than all of us. The nation 
represents to most of us something more noble than a 
mere convenience; a nation is greater than the sum 
of its subjects. One of the duties of every cititzen is 
the well-being of the state. 

"We have this day laid down the principles that 
will grow into two great political parties in this coun- 
try. The one will advocate the doctrine of State 
Rights; a strict construction of the interpretation of 
the Constitution ; will oppose the doctrine of Protec- 
tion ; tend to diminish the powers of the executive de- 
partment and the powers of the Senate, and at the 



THE AMERICAN REPUBLIC 47 

same time increase the powers of the House of Repre- 
sentatives. 

"The other, the Federal party, will be the National 
party, and will be strong* for the preservation of the 
Union in order that the states may be protected by it. 
It will favor a liberal construction of the Constitution 
with the doctrine of Implied Powers delegated to Con- 
gress. It will advocate a protective tariff system and 
will seek to preserve the dignity of the United States 
Senate to serve as a check upon the over-hasty tend- 
ency of the House of Representatives. It will' seek 
to preserve and maintain a strong central government 
as the best means of guaranteeing to its subjects the 
fullest possible freedom and protection. 

"And now, Mr. Jefferson, you are a Demorcratic- 
Republican. I am a National P'ederalist. You would see 
to it that the states are protected in their rights. I 
would see to it that the Union is preserved in order that 
your states may be protected by it and for such pro- 
tection they will be loyal to the Union. You are strong 
for state independence and jealous for the greatest 
freedom of the people. I am strong for the national 
Union which will protect and guarantee the greatest 
freedom. 

"You, Mr. Jefferson, are proud of the fact that you 
are a citizen of Virginia. With equal pride I assert 
that I am a citizen of New York. But it is with far 
greater pride that we can say we are citizens of the 
United States of America, the noblest republic on 
earth. (A good speaker, well trained in elocution, will 
be able to give all the above and hold the interest, but 
a shorter version may easily be arranged. 

Scene 3. The Great French Ball. Washington at- 
tended and took a part in the dance. All the French 
appearing w^ere gaily dressed in French costume and 
all others in Continental costumes. 

Scene 4. Stage set for two scenes from the old play, 
"Rip Van Winkle," in costumes of the period. 



ACT IV 

THE EVOLUTION OF THE FLAG 

Scene 1. The thirteen original States by their representa- 
tives are arranged on the stage with reference to the struggle 
between the Slave and Free States. The Slave States on the right 
and the Free States on the left. 

North Carolina (12), Nov. 21, 1789; Verginia (10), July 
26, 1788; South Carolina (8), June 23, 1788; Maryland (7), 
May 28, 1788; Georgia (4), Jan. 2, 1788; Delaware (1), Dec. 
6, 1787. 

New York (11), July 26, 1788; New Hampshire (9), June 
21, 1788; Massachusetts (6), Feb. 6, 1788; Connecticut (5), 
Jan. 9, 1788; New Jersey (3), Dec. 18, 1787; Pennsylvania (2), 
Dec. 12, 1790; Rhode Island (13), May 29, 1790. 

Columbia, with flags for the States as they enter the Union 
stands on a platform near the center, back, near the entrance. 
Uncle Sam stands L. upper entrance and announces each State, 
as it asks for admission into the Union. 

Uncle Sam — "Columbia, Vermont asks admission 
into the Union." 

Columbia — "Admit her." 

The representative of Vermont enters, kneels to Columbia, 
who offers her a flag with 14 stars and 14 stripes upon it. 
Vermont takes it, marches down center of stage and repeats: 

"I am the State of Vermont. The Green Mountain 
State. I am bounded (bound the state). My birthday 
is March 4, 1791 (date of admission). 

Vermont marches round to left and stands just behind 
New York. 

The next State to enter is Kentucky and follows the same 
routine bounding the State, giving its birth date (admission) 



THE AMERICAN REPUBLIC 49 

and introducing Henry Clay as one of her distinguished citizens 
and statesmen. The same, or another person, may deliver Henry 
Clay's speech at this time, of v/hich the following is a cut ver- 
sion. 

HENRY CLAY'S SPEECH 

(Compromise of 1850.) 

''Let us look to our countrj^ to our cause, elevate 
ourselves to the dignity of pure and disinterested patri- 
ots, and save our country from all impending dangers. 
What if, in the march of this nation to greatness and 
power we should be buried beneath the wheels that pro- 
pel it onw^ard. What are we — w^hat is any man — worth 
who is not ready and willing to sacrafice himself for 
the benefit of the country when it is necessary? 

"Will we ever consent that any foreign flag shall 
ever float upon the turrets of the Crescent City — 
Never ! Never ! 

"I call upon all the South. If Kentucky tomorrow^ 
unfurls the banner of resistance unjustly. I never 
Vv'ill fight under that banner. I owe a paramount 
allegience, to the whole Union — when it has a cause 
for resistance — when tyranny and wrong and oppres- 
sion insufferable arise : I will then share her fortunes, 
but if she summons me to the battlefield or to support in 
any cause which is unjust, against the Union, never, 
NEVER will I engage with her such cause. 

When the State of Louisiana is admitted, with her 18 stars 
and 18 stripes (1812) the year The Star-Spangled Banner was 
written, all on stage stand and sing it. 

When Missouri is admitted John C. Calhoun may be intro- 
duced and his Senate speech delivered. 

When California is admitted. "I Love You California," may 
be sung and "Daniel Webster" introduced to deliver the famous 
peroration of the Hayne-Webster debate in the United States 
Senate (18o0), a cut version of which follows: 



50 THE AMERICAN EEPUBUC 

WEBSTER'S GREATEST PERORATION 

"While the Union lasts, we have high, exciting, 
gratifying prospects spread out before us, for us and 
our children. 

* 'Beyond that I seek not to penetrate the veil. God 
grant that in my day at least, that curtain may not rise. 

''When my eyes shall be turned to behold for the 
last time the sun in heaven, may I not see him shining 
on the broken and dishonored fragments of a once glor- 
ious Union ... on a land drenched, it may be, 
with fraternal blood. 

''Let their last feeble and lingering glance rather 
behold the gorgeous ensign of the Republic, known 
and honored throughout the earth. . . . Not a 
stripe erased or poluted, not a single star obscured, 
bearing on its motto ... no such words of delu- 
sion and folly, 'Liberty first and Union afterwards, but 
everywhere spread ail. over in characters of living light 
as it floats over the sea and over the land . . . that 
other sentiment dear to every true American heart. 
. . . LIBERTY and UNION, NOW and FOREVER 
ONE AND INSEPARABLE !" 

Here as the tide for Freedom is overwhelming and 
victory for Liberty and Union is assured. 

(The curtain falls) 

ACT IV. SCENE 2 

Scene 2. Independence Hall, Philadelphia. 

Abraham Lincoln's speech. 

Time: February 22, 1861. 

The flag: Kansas flag with 34 stars and 13 stripes. Raised 
by Lincoln after a short address. 

THE ADDRESS 

"Fellow-citizens, Ladies and Gentlemen: I am 
invited and called before you to participate in raising 
above Independence Hall, the flag of our country with 



THE AMERICAN REPUBIvIC 51 

an additional star upon it. When the flag was origin- 
ally raised here it had but thirteen stars . . . under 
the blessing of God each additional star has given addi- 
tional prosperity and happiness to this country until 
it has advanced to its present condition ; and its welfare 
in the future, as well as in the past, is in your hands. 
Cultivating the spirit that animated our fathers who 
gave renown and celebrity to this Hall ; cherishing that 
fraternal feeling which has so long characterized us as 
a nation. I think we may promise ourselves that not 
only the new star placed upon the flag shall be per- 
mitted to remain there to our permanent prosperity for 
years to come, but additional ones shall from time to 
time be placed there until we shall number, as it was 
anticipated by the great historian, five hundred mil- 
lions of happj^ and prosperous people. 

"With these remarks I proceed to the verj- agree- 
able duty assigned to me." (Lincoln raises the flag 
to top of pole, then proceeds with speech as follows) : 

"Fellow-citizens : I am filled with deep emotion at 
finding myself standing in this place, where were col- 
lected together the wisdom, the patriotism, the devo- 
tion to principle from which sprang the institutions 
under which we live. All the political sentiments I 
entertain have been drawn so far as I have been able 
to draw them, from the sentiments which have orig- 
inated in and were given to the world from this Hall. 

"I have never had a feeling, politically, that did not 
spring from the sentiments embodied in the Declara- 
tion of Independence. I have often pondered over the 
dangers which were incurred by the men who were 
assembled here and framed and adopted that Declara- 
tion. I have pondered over the toils that were endured 
by the officers and soldiers of the army who achieved 
that independence. I have often inquired of myself 
what great principal or idea it was that kept this con- 
federacy so long together. 

"It was not the mere matter of separation of the 
colonies from the motherland, but that sentiment in 



52 THE AMERICAN EEPUBIvIC 

the Declaration of Independence which gave liberty 
not only to the people of this country, but hope to all 
the world for all future time. It was that which gave 
promise that the weights in due time would be lifted 
from the shoulders of all men, and that all should have 
an equal chance. This is the sentiment embodied in the 
Declaration of Independence. 

''Now, my friends, can this country be saved on 
that basis ? If it can I v/ill consider myself one of the 
happiest men in the world if I can save it. If it cannot 
be saved upon that principle it will be truly awful. 

"But if this country cannot be saved without giving 
up that principle, I was about to say, I would rather 
be assassinated on this spot than surrender it. 

"Now, in my view of the present aspect of affairs, 
there is no need of bloodshed and war. There is no 
necessity for it. I am not in favor of such a course, 
and I may say in advance that there will be no blood- 
shed unless it is forced upon the government. The 
government will not use force unless force is used 
against it. 

My friends, this is wholly an unprepared speech. 
I may, therefore, have said something indiscreet (cries 
of 'NO! NO!'), but I have said nothing but what I am 
willing to live by, and, if it be the pleasure of Almighty 
God, to die bj^" 

(End of scene. Curtain) 



Scene 3. Stage set to show Carpenter's "The 
Emancipation Cabinet." 

ABRAHAM LINCOLN, THE FIRST AMERICAN 
In the Emancipation Cabinet, Washington, D. C. 



THE AMERICAN REPUBLIC 53 

September 22, 1862, in the White House 
Characters 

President Abraham Lincoln 

Secretary of State William H. Seward of New York 

Secretary of Treasury Salmon P. Chase of Ohio 

Secretary of War Edwin M. Stanton of Ohio 

Secretary of the Navy Gideon Welles of Connecticut 

Secretary of Interior Caleb B, Smith of Indiana 

Attorney General Edward Bates of Missouri 

Post Master General Montgomery Blair of Maryland 

At rise of curtain, Lincoln is seated at end of table, right, 
reading a copy of Artemus Ward. Bates and Welles enter and 
seat themselves. Bates at the end of the table opposite Lincoln 
and Welles at his left elbow. Seward and Chase enter. Stanton 
sits at right of Lincoln. Seward in front of table facing Lin- 
coln; Chase stands, arms folded at right of Lincoln and be- 
tween Lincoln and Stanton. Blair and Smith come in a little 
late. Smith stands at left of Welles and Blair at left of Smith. 

Lincoln — "Gentlemen, did you ever read anything 
from Artemus Ward? (No one speaks.) Let me read 
you a chapter that is very funny. (Reads from Arte- 
mus Ward's Best Stories, page 36, "High-Handed Out- 
rage at Utica.") 

Lincoln reads : "High-Handed Outrage at Utica." 

"Gentlemen, why don't you laugh? With the fear- 
ful strain that is upon me night and day if I do not 
laugh I shall die, and you need the same medicine as 
much as I do. (Pausing for a moment, then rising 
and with sad, firm face took out of his silk hat on the 
table the draft of the Emancipation Proclamation.) 

"Gentlemen, I have called you here upon very im- 
portant business. I have said nothing to any one, but 
I have made a promise to myself and to my Maker. I 
am now going to fulfill that promise. I have here a 
paper. (Reads paper with firm but low voice.) 

"'ON THE FIRST DAY OF JANUARY in the 
year of our Lord, 1863, all persons held as then slaves 
in any state or part of a state, the people whereof be 
in rebellion against the United States, shall be then 



54 THE AMERICAN REPUBLIC 

thenceforth and forever FREE.' Mr. Seward, if my 
name ever gets into history it will be for this act, and 
my whole soul is in it. (Handing the paper to Mr. 
Seward, the Secretary of State.) 

**I have decided to issue to the world a PROCLA- 
MATION that will break the shackles of bondage and 
shake the foundations of civilization." 

(Curtain) 

(Here, if a flag drill is introduced by small children, 
all Cabinet Members rise while group of states repre- 
senting the Free States shout) : 

"Lincoln has freed the slaves! 
Hurrah ! Hurrah ! 
Clap your hands shout for joy! 

Hurrah ! Hurrah ! 
Lincoln has freed the slaves!" 

The group of states representing the Slave States 
stand menacing in glum silence for a moment, then 
all reform and fervently repeat in concert: 

"Thy task is done, the bond are free ! 
We bear thee to an honored grave ! 
Whose proudest monument shall be 
The broken fetters of the slave. 

"Pure was thy life ; its bloody close 
Hath placed thee with the sons of light 
Among the noblest host of those 
Who perished in the cause of right." 



SCENE 4 

LINCOLN AT GETTYSBURG 

Scene : A temporary platform on the battlefield of 
Gettysburg. 



THK AMERICAN REPUBLIC 55 

Time: November 19, 1S6%,^ 

CHARACTERS 

Abraham Lincoln President of the United States 

Edwin M. Stanton Secretary of War 

John Stevens A private in the Army; orderly of the day 

Anne Marshall A girl from Ohio, sweetheart of Stevens 

Telegraph messenger in Army uniform, guards, etc. 

(Edward Everett, orator of the day has just finished speak- 
ing. After music by band or orchestra, Lincoln arrives a little 
late and while handshaking the dialogue between John Stevens 
and Anne Marshall takes place. After the shouting has died 
away Anne rushes on as if to pass John, who stands guard.) 

John (surprised) — "Anne, what are you doing 
here?" 

Anne — "I must see Secretary Stanton; it is about 
brother Will. They told me Secretary Stanton was 
here. I must see him." 

John — "I am afraid it is impossible ; he is too busy 
now talking with President Lincoln, who is going to 
make a speech after the band finishes." 

Anne — "But I tell you I must see Mr. Stanton, John, 
if I don't they will shoot my brother Will tomorrow." 

John — "Great Godl Anne, they are not going to 
shoot Will?" 

Anne — "Yes, and I must see Mr. Stanton, now; I 
must ! I must ! Let me go to him !" 

John — "Come with me. I will speak to him. (Takes 
her to Stanton.) Mr. Stanton, here is a young lady. 
Miss Anne Marshall, who has come all the way from 
Ohio to see you on a matter of life and death." 

Stanton — "It is always a matter of life and death 
these days. What is it? Be brief." 

Anne — "It is about my brother, Will. Sir, I have 
come to ask you to give him a reprieve." 



56 THE AMERICAN REPUBLIC 

Sta7iton— ''What has he done?" 

A7ine — ''He was on picket duty, sir, in the 9th Ohio 
regiment, Company H, and he was so tired that he fell 
asleep." 

Stanton — "Asleep on picket duty, eh?" 

Anne — *'Yes, and they have sentenced him to die." 

Stanton — "That is the usual penalty." 

Anne — "And they will shoot him tomorrow morn- 
ing at sunrise if you don't save him, sir." 

Stanton — "I cannot interfere, young woman. The 
offense is most serious and one that is becoming alto- 
gether too frequent these days." 

Anne — "But he is my brother, sir; only a boy of 
twenty, my brother Will." 

Stanton — "I'm sorry, very sorry, young woman." 
(Takes papers from his pocket.) 

John — "Pardon me, Mr. Stanton, but all this young 
lady says is true. It occurred in my company, sir. 
One night her brother stood picket duty for a friend 
who was sick, and the very next night he had to go on 
picket duty for himself, and he was so tired out with 
the extra work and having no sleep, that he could not 
keep awake." 

An7ie — "And he's only a boy, sir, younger than I — 
my little brother." 

Stanton — "I am very sorry, but I cannot interfere. 
What is your name?" 

Anne — "Anne Marshall, sir." 

Stanton — "Your brother's name is Will Marshall?" 
(Examines papers.) 

Anne (with hope) — "Yes, sir." 

Stanton — "Here is the finding of the Court martial 



THE AMERICAN REPUBLIC 57 

— um — yes, sentenced to be shot November 20, 1863." 

A'}nie — 'That is tomorrow, sir; don't you see?" 
(Anxiously.) 

Stanton — **I have approved the finding of the Court 
Martial." 

A7i7ie — 'Then my brother must die?" (Almost 
overcome.) 

Stanton — "There is no help for it. Discipline must 
be maintained in the army. (Anne sobs.) Take her 
away, orderly." (John leads her to rear of platform. 
Music stops and Stanton introduces Lincoln.) 

"Ladies and Gentlemen: President Lincoln will 
now address you, briefly." 

Lincoln — "Four score and seven years ago, our 
fathers brought forth on this continent a new nation, 
conceived in liberty and dedicated to the proposition 
that all men are created equal. Now, we are engaged 
in a great civil war, testing whether that nation or any 
nation so conceived or so dedicated can long endure. 

"We are met here on a great battlefield of that war ; 
vre have come here to dedicate a portion of that field as 
a final resting place for those who here gave their lives 
that that nation might live. It is altogether fitting and 
proper that we should do this. But in a larger sense 
we cannot dedicate — we cannot hallow^ — we cannot con- 
secrate this ground. The brave men, living and dead, 
who struggled here have consecrated it far beyond 
our poor power to add or detract. The world will little 
note nor long remember what we say here, but it will 
never forget what they did here. It is for us, the liv- 
ing, rather to be dedicated to the unfinished work which 
they who fought here have so far nobly advanced; it 
is rather for us to be here dedicated to the great task 
remaining before us; that from these honored dead 
we take increased devotion to that cause for which they 
gave the last full measure of devotion; that we here 
highly resolve that these dead shall not have died in 



58 THE AMERICAN REPUBIvIC 

vain; that this nation shall, under God, have a new 
birth of freedom; and that government of the people, 
by the people and for the people shall not perish from 
the earth. Let us repeat here what was said on another 
occasion : 

" Tondly do we hope, fervently do we pray, that 
this mighty scourge of war shall speedily pass away. 
Yet, if God wills that it shall continue, as it was said 
three thousand years ago, still let it be said the judg- 
ments of the Lord are true and righteous all together.' 

''With malice toward none and with charity for all ; 
with firmness in the right as God gives us to see the 
right let us strive on to finish the word we are in — until 
victory shall crown our achievements with a just and 
lasting peace not for our nation only but for all the 
nations of the earth." (After a pause, during which 
Lincoln takes a drink from a glass on the table, Anne 
rushes forward.) 

Anne — "President Lincoln.'* 

Lincoln — ''Well, young lady, what can I do for 
you?" • 

Anne — "My brother Will, they are going to shoot 
him tomorrow at sunrise, Mr. Lincoln, my little 
brother." (Sobs.) 

Lincoln — "Don't cry. What has your brother 
done?" 

Stanton — "Here is the finding of the Court Martial, 
Mr. President, and I have approved the sentence." 
(Hands paper to Lincoln.) 

Lincoln — "Go on, little girl ; tell me all about it." 

Anne — "Oh, thank you ! You see, Mr. Lincoln, my 
name is Anne Marshall." 

Lincoln — "Anne!" (Lincoln reflects. Anne Rut- 
ledge was his sweetheart and when she died it nearly 
drove him insane.) 



THE AMERICAN REPUBIvIC 59 

Anne — ''Yes, sir; and my brother's name is Will 
Marshall. He's only a boy, Mr. Lincoln, younger than 
I am ; we grew up together on a little farm out in Ohio, 
Mr. Lincoln." 

Lincoln — "I was raised on a farm myself." (With 
sympathy.) 

Anne — "They put him on picket duty, sir, and he 
went to sleep." 

Lincoln — "It is not to be wondered at that a boy 
raised on a farm, probably in the habit of getting to 
bed at dark, should fall asleep on watch." 

Anne — "No, sir." (Hopefully.) 

Stanton — "Mr. President, there are too m.any sol- 
diers going to sleep on picket duty these days and dis- 
cipline must be maintained in the army at any cost." 

Lincoln — "I suppose 3'ou are right, Stanton; I sup- 
pose you are right." 

An7ie — "He's only a boy, Mr. Lincoln, and he's been 
fighting for his country nearly two years. My father 
was killed at Chicamagua and my brother at Malvern ' 
Hill. Will is all we have left. Are you going to take 
him from us, too?" (Holds arms out appealing, and 
John comes to her aid.) 

John — "I cannot stand this, Mr. Lincoln, Mr. Sec- 
retary. Her brother and I went to the same little school 
house together; he enlisted when you called for volun- 
teers two years ago. We were in the same company, 
sir; one night it was my turn to go on picket duty; I 
was sick and could not go, so Will Marshall went in my 
place. The very next night Will was chosen for picket 
duty in his own name, and he had to go, though he 
had had no sleep the night before. He was so tired that 
he fell asleep. They must not shoot him, Mr. Loncoln. 
They must not. Let them shoot me in his place, for it 
was my fault, not his." 



60 THK AMERICAN REPUBUC 

Lincoln — "Well, well — who is this?'* 

John — ''John Stevens, private. Company H, 89th 
Ohio, sir." (Saluting.) 

Anne — ^"My sweetheart, Mr. Lincoln; we are to be 
married as soon as this cruel war is over." 

Lincoln — ''God grant that it may be soon." 

Stanton — "This is doubtless very true, Mr. Presi- 
dent, but there is the finding of the Court Martial and 
I have approved it." 

Lincoln (looks at Anne weeping) — "There are al- 
ready too many weeping mothers, wives and sweet- 
hearts in this country. For God's sake, Stanton, don't 
ask me to add to the number for I won't do it." 

Stanton — "Mr. President, you will destroy the dis- 
cipline of the army if you pardon any more soldiers 
who have been sentenced to be shot." 

Lincoln — "Stanton, if you go deep enough below the 
surface in any man, you will find a quality that is far 
greater than discipline — and that is love, love for your 
fellow-man. Do that, Stanton, and you will find a 
conscience which tells you as mine does that I am right. 
After a hard day's work, if I can find some excuse to 
save some poor fellow's life, I can go to bed happy. So 
forgive me, Stanton, for I am going to pardon this boy. 
Give me a pencil." (Stanton hesitates. Lincoln in- 
sists commandingly.) 

Stanton — "I think there is a lack of backbone here 
somewhere." 

Lincoln — "Well, maybe so; but I don't think that 
shooting the boy will do him any good ; besides I believe 
the boy will do us more good above the ground than 
under it. Give me that pencil. (Stanton hands him 
pencil and Lincoln sits and signs paper and hands it 
to Anne.) Here, young lady, your brother is pardoned. 
The dispatch will be sent at once." 



THE AMERICAN REPUBIvIC 61 

Anne — "Thank you, thank you, Mr. Lincoln." 
(Kisses him.) 

Lincoln — "Young lady, if you had started in that 
way with Stanton, here, you never would have had to 
come to me. (Anne rushes into John's arms overcome 
with joy.) Stanton, just see how happy it has made 
those two people, just signing my name, *A. Lincoln,' 
to that paper." 

Stanton — "But, Mr. President, that kind of work 
will set at naught authority and power over the army 
and " 

Lincoln — "I may have displeased you, my dear Mr. 
Secretary, by this act of clemency, but I believe in my 
soul I have done right. Stanton, die when I may, I 
should like to have it said of me that I plucked a thistle 
and planted a flower wherever I thought a flower would 
grow." (A soldier enters in haste with a telegram.) 

Messenger Boy — "Telegram for Mr. Lincoln." 
(Hands telegram to Lincoln who opens and reads it 
aloud, to Stanton) : 

Lincoln — "A telegram from General Sherman, he 
wires : *I am ready to beseige Atlanta. When it falls 
I will march through Georgia to the sea. The end of 
the war is in sight.' " (Lincoln hands telegram to 
Stanton and after reading they all shake hands in glee 
of rejoicing while the orchestra or band plays "March- 
ing Through Georgia." After a moment or two Lin- 
coln raises his hand to the leader and after a pause of 
deep silence Lincoln says: "Now play 'Dixie,' that's 
ours, too." As Dixie is played the CURTAIN FALLS.) 

Second Curtain 

Vision of LINCOLN, WASHINGTON, WILSON. 
FINAL CURTAIN 



THE AMERICAN REPUBLIC 

ACT V 

PRESIDENT WILSON'S WORLD-WAR SPEECH 

(Vice-President Thomas Marshal presiding) 

Mr. Preside7it — ''Gentlemen of the Congress, I have 
called the Congress into extraordinary session because 
there are serious — very serious — choices of policy to 
be made, and made immediately. 

'The extraordinary announcement of the imperial 
German government that it was its purpose to put 
aside all restraints of lavv^ or of humanity and use its 
submarines to sink every vessel that sought to approach 
either the ports of Great Britain, the western coasts of 
Europe, or any of the ports of the Mediterranean, was 
such an act that I was for a little while unable to 
believe would in fact be done by any civilized nation. 
International law had its origin in the attempt to set 
up some law that would be respected and observed upon 
the seas where lay the free highways of the world. 
By painful stage after stage has that law been built up, 
with meager results, indeed . . . but with always 
a clear view, at least, at what the heart and conscience 
of mankind demanded. 

"The German government has swept aside, under 
plea of retaliation and necessity, all scruples of human- 
ity .. . that were supposed to underlie the inter- 
course of the world. . . . Even hospital ships and 
ships carrying relief to the sorely bereaved and stricken 
people of Belgium as well as vessels of every kind, 
whatever their flag, or character of their cargo, have 
been sunk without warning. 

"I am not thinking of the loss of property involved. 
. . . Property can be paid for ; the lives of peaceful 
and innocent people cannot be. 



THE AMERICAN REPUBLIC 63 

'The German submarine warfare is a warfare 
against all nations. American ships have been sunk. 
American lives taken in ways that have stirred us very 
deeply. But the ships and peoples of other nations have 
been sunk in the same way. The challenge is to all 
mankind. Each nation must decide for itself how it 
will make it. 

'The choice we make for ourselves must be made 
with moderation. ... We must put excited feel- 
ing away. Our motive must not be revenge . . . 
but only the vindication of right, of human right, of 
which we are only a single champion. There is one 
choice we cannot make, we are incapable of making; 
we will not choose the path of submission and suffer 
the most sacred rights of our nation and of our people 
to be ignored or violated. 

"With a profound sense of the solemn — tragical 
step I am taking in obedience to what I deem my con- 
stitutional duty : 

'*I advise that the Congress declare that the recent 
course of the imperial German government to be 
nothing less than war against the government and 
people of the United States ! And that it take imme- 
diate steps and employ all its resources to bring the 
government of Germany to terms and end the war ! 

**Our object is to vindicate the principle of peace 
and justice in the life of the world as against the selfish 
and autocratic powers and set up amongst the really 
free and self-governed people of the world such a con- 
cert of purpose and of action as will henceforth insure 
the observance of those principles. 

''Self-governed nations do not fill their neighbor 
states with spies. 

"A steadfast concert for peace can never be main- 
tained except by a partnership of democratic nations. 

"No autocratic government could be trusted to keep 
faith within it or observe its convenants. 



64 THE AMERICAN RKPUBUC 

"THE WORLD MUST BE MADE SAFE FOR 
DEMOCRACY! 

"Its peace must be planted upon the tested founda- 
tions of political liberty. 

"We are sincere friends of the German people. . . 
We have no quarrel with them. We have no feelings 
towards them but of sympathy and friendship. 

"It was not upon their impulse that their govern- 
ment acted in entering this war. It was a war deter- 
mined as wars in the old unhappy days when peoples 
were nowhere consulted by their rulers and little 
groups of ambitious men were accustomed to use their 
fellow-men as pawns and tools. (We shall desire noth- 
ing so much as the early re-establishment of intimate 
relations of mutual advantages between the German 
people and us — however hard it may be for them, for 
the time being, to believe that this is spoken from our 
hearts.) We have borne with their government 
through all these bitter months because of that friend- 
ship — exercising a patience and forebearance which 
would otherwise have been impossible. 

"We have no selfish ends to serve. We desire no 
conquest, no dominion. We are but one of the cham- 
pions of the rights of mankind. We shall be satisfied 
when those rights have been made as secure as the 
faith and the freedom of nations make them. 

"It is a fearful thing, gentlemen of the Congress, 
to lead this great peaceful people into war (into the 
most terrible of all wars, civilization itself seeming to 
be in the balance) . But the right is more precious than 
peace and we shall fight for the things we have always 
carried nearest to our hearts. For DEMOCRACY, for 
the rights of those who submit to authority to have 
a voice in their own government, for the rights and 
liberties of small nations. For a CONCERT of free 
peoples that shall bring peace and safety to all nations 
and make the world itself at last free. 



THE AMERICAN REPUBLIC 65 

"To such a task we can dedicate our lives and our 
fortunes, everything that we are and everything that 
we have, with the pride of those who know that the day 
has come when America is privileged to spend her 
blood and her might for the principles that gave her 
birth and happiness and the peace which she has treas- 
ured, God helping her, she can do no other." 




ACT VI 

Scene 1. 
{A large Hall in soine City of Europe) 

Delegates from all nations meet in response to a 
call to consider the adoption of the Constitution of the 
United Nations of the World.) 

Scene 1. 

The Peace Conference, Paris, France 

(As a Prologue to this act a collection of gems and 
choice maxims taken from several authors who spoke 
and wrote prior to the signing of the Armistice may 
be given by characters representing the several nations 
in an imaginary convention supposed to have been 
called together for the purpose of adopting an Inter- 
national Constitution for the United World Republic.) 

The President — Gentlemen of the World Conven- 
tion : We have met for the purpose of forming a 
Union of Nations of the earth, whose object shall be 
to establish justice among all men and above all to 
form such a partnership of nations with such good will 
and intent of purpose that such a calamity as the world 
war just ended shall never be tolerated again. 

The first act in the greatest tragedy in history 
ended with victory for the Allies and America, on the 
battlefield where the blood of America, with that of 
the Allies has commingled and streamed to every ocean 
of the planet. This has given every nation in this great 
world struggle a Declaration of Independence written 
in the blood of its noblest citizens. 

This struggle has given the participants even more 
than a Declaration of Independence, it has cemented 
them into a Union of Confederated Nations that has 
brought them up to the point of forming a more per- 



THK AMERICAN REPUBIvIC ' 67 

feet union, a fundamental law embodied in a written 
constitution similar to that of the United States of 
America. 

That as the Allied Powers were organized and won 
by military force, the same nations under such a con- 
stitution can win self-government by following the 
principles of the Prince of Peace. The struggle for this 
victory is now on and must be far advanced toward 
its goal by the consummation of such a union, which 
shall be known under a Writte7i Constitution as the 
UNITED NATIONS OF THE WORLD. 

As the immortal Washington said in the conven- 
tion that drafted the Constitution of the United States 
of America: ''Let us adopt a Constitution that will 
stamp wisdom and dignity on these proceedings and 
hold up a light which sooner or later will have its in- 
fluence. Let us raise a standard to which the wise and 
honest can repair. The event is with God." 

The Secretary may now call the roll of Nations, 
(They may be seated in groups as by Continents and 
called upon in that order, the Nations from each Conti- 
nent responding respectively.) 

The Secretary: 

The Continent of Europe 

Great Britain. 1. England 

Let us begin with the hearts of men. We must see 
peace brought about not merely by agreements between 
nations, but a change in the hearts of men. The war 
has carried us down deep to the bedrock of honesty 
and sincerity. To secure peace in the future there must 
be created as a basis ... a strong, healthy, sound 
PUBLIC OPINION which will see that governments 
are kept in order. 

There must be a passion born for peace stronger 
than has been the passion for war. This war must be 
a creative power. . . . This passion for peace should 



68 THE AMERICAN RKPUBIvIC 

be burnt into millions of minds and hearts that this 
state of affairs shall never be tolerated again. — Lord 
Bryce, 

2. Australia 

Men, my brothers, men the workers, ever reaping some- 
thing new; 

That which they have done but earnest of the things 
that they shall do 

For I dipt into the future, far as human eye could see, 
Saw the vision of the world, and all the wonder that 
would be: 

Saw the heavens fill with commerce, argosies of magic 
sails. 

Pilots of the purple twilight, dropping down with 
costly bales ; 

Heard the heavens fill with shouting, and there rained 
a ghastly dew 

From the nations' airy navies grappling in the central 
blue; 

Far along the world-wide whisper of the south wind 
rushing warm. 

With the standards of the people plunging through the 
thunder storm ; 

Till the war drum throbbed no longer, and the battle 
flags were furl'd 

In the Parliament of man, the Federation of the world. 

There the common sense of most shall hold a fretful 
realm in awe, 

And the kindly earth shall slumber, lapt in universal 
law. 

— Alfred Tennyson (1842). 



THE AMERICAN REPUBUC 169 

' 3. Canada (America) 

Whether the time be short or fast 

Enemies hand-in-hand 
Must come together at the last 

And understand. 

No matter how the die is cast 

Or who may seem to win 
We know that we must love at last, 

Why not begin. 

— Wittei^ Binner, 

4. India (Asia) 

The hope of preserving peace permanently, lies not 
in the direction of making war physically impossible; 
but rather in making it spiritually impossible. 

The Continent of Asia 

1. Japan 

The only way to find out what is best in a man is to 
treat him as your equal. Democracy is a better road 
to progress than exclusiveness. — J. H, Tufts. 

2. China 

The Ideal Democracy should be phrased: "Every 
other human being ought to have as good a chance as 
I have."— E. H. Griggs. 

The Continent of Europe 
France 

This world-war has stamped into the hearts of mil- 
lions of men and women an intense desire for a better 
order of things. . . . We know that this war is not 
the work of some superhuman agency. This war was 
man-made. Yes, worse, it was madman-made. If the 



70 THE AMERICAN REPUBLIC 

one-hundredth part of thought and energy that has 
been given to the war will now be given to schemes 
of peace — you will never see war again. — Gen, J. G, 
Smuts. 

Italy 

The human race achieved Intellectual Liberty and 
Ecclesiastical Liberty, but now it is about to enter upon 
such political freedom as the world has never known — 
a freedom in which every man and woman will actually 
possess sovereign power. God grant that this war will 
prove to be the last armed battle for the rights of 
man. — L. W. Rogers. 

Belgium 

There is but one safeguard of Democracy, and that 
is to keep the good people awake and on the job all the 
time. — E. H. Griggs. 

Switzerland 

The path of Democracy is Education. Eternal vigi- 
lance is the price of Liberty and of every good of man. 

Holland 

Peace can never be an end. It, too, is merely a 
condition or means. Man for the state means Autoc- 
racy, and Imperialism. Man for Mankind is the Soul 
of Democracy. — E. H. Griggs. 

Poland 

No institution can rightly serve Democracy unless 
it is itself Democratic — E. H. Griggs. 

Greece 

The hope of Democracy is the instinctive power in 
the breast of common humanity to recognize the high- 
est when it appears. — E. H. Griggs. 



THE AMERICAN REPUBLIC 71 

Brazil (South America) 

The road to International Co-operation is Inter- 
national Co-operation. Begin with nations that are 
ready, then include all, even Germany. — W. E. Walling. 

Liberia (Africa) 

We must create a true spirit of Democracy, the 
spirit of genuine brotherhood. On the spirit of 
brotherhood, a new civilization shall rise in which all 
distinction of race, creed and conditions will be swept 
away and every right and every opportunity will be- 
long to ever}^ individual, for no other reason whatever 
than that he is simply a human being. — L. W. Rogers. 

United States (North America) 

We are a nation of Internationalists. We envy the 
progress of no nation, dominion over no people; but 
extend the hand of friendship to all people, great and 
small alike. We prepare the way for that "Federa- 
tion of the World" so long foreseen and foresung. — 
John Spargo. 

(A Yankee) : Democracy is afflicted but at the same 
time blessed with pitiless publicity. It would away 
with * 'Secret Sessions" and Diplomacy. It washes all 
its dirty linen in public ; but the main is this — it gets 
ts clean, b'gosh! — E. H. Griggs (all but the last 
phrase). 

Let us have faith that RIGHT makes Might!— 
Abraham Lincoln. 

(Close the scene by singing a stanza from the new 
National Hymn.) 

The sun is risen and shall not set 

Upon thy day divine : 
Ages of unborn ages yet, 

America, are thine! 



72 THE AMERICAN REPUBIylC 

ACT VI . ' 

Scene 2. 

(Any Room arranged for a Convention, 
in Paris, France) 

Premier Clemenceau, presiding. 

Woodrow Wilson, President of the United States, 
delivers a speech. 

Mr. Chairman: 

Gentlemen : Since I came to this side of the waters 
I have visited several nations, and everywhere the 
voice of the ho&y of the people ... is for the League 
of Nations. 

Gentlemen, the classes of mankind are no longer 
the governors of m.ankind. The fortunes of mankind 
are now in the hands of the plain people of the world. 
Satisfy them and 3^ou have justified their confidence 
not only, but have established peace. Fail to satisfy 
them and no arrangement that you can make will either 
set up or steady the peace of the world. 

We, the representatives of the United States, re- 
gard the League of Nations as the keynote of all that 
expresses our purposes and ideals in this war, and 
which the nations will have accepted as the basis of 
the settlement. 

Our fellow citizens are a body that constitute a 
great Democracy. They expect their leaders to speak, 
their representatives to be their servants. We have 
no choice but to obey their mandates. But it is with 
the greatest enthusiasm and pleasure that we accept 
that mandate; and because this is the keynote of the 
whole fabric, we have pledged our every purpose to it, 
as we have to every item of the fabric. 

We would not dare to compromise any thing as 
the champion of this peace of the world, — this atti- 



THE AMERICAN REPUBLIC 73 

tude of justice, this principle that we are the masters 
of no peoples, but are here to see that every people 
in the world shall choose its own destinies; not as we 
wish, but as it wishes. 

We are here to see that the very foundations of 
this war are swept away. These foundations were 
the private choice of a small coterie of civil rulers 
and military staffs. Those foundations were the 
holding together of empires of unwilling subjects by 
duress of arms. Those foundations were the power 
of small bodies of men to wield their will and use 
mankind as pawns in a game. And nothing less 
than the emancipation of the world from these things 
will accomplish peace. 

And I thank God that not only the representa- 
tives of the United States have accepted this plan, 
but it is accepted by all the high-minded men who 
have had to do with this great business. 

And, Mr. Chairman, when it is known, as I feel 
confident it will be known, that we have adopted the 
principles of the League of Nations, and mean to 
work out that principle in effective action, we shall 
by that single thing have lifted a great part of the load 
of anxiety from the hearts of men everywhere. 

David Lloyd George's Speech 

Mr. Chairman : Gentlemen, nothing is more 
necessary than the League of Nations, and I com- 
mend this resolution. But I wish to mention that 
if the British seem not to have given much time to 
this question it is because they have been for the 
last few years absorbed in a desperate struggle. 

The best arguments I found for this League of 
Nations, was when I passed over the war devastated 
regions that saw the battle-torn countryside and the 
graves of the dead which said, these are the results 
of the only methods that nations up to this time have 
contrived for the settlement of disputes. And I said : 



74 THE AMERICAN EEPUBIylC 

"The voice of my brother's blood cries out: ^Surely 
it is time under God to find another way'." 

Premier Orlando's Speech (Italy) 

Mr. Chairman: Gentlemen, we are only doing 
our duty and carrying out our sacred promises. On 
this great historical day, the Rights of the People 
are born. 

The Chairman : Shall the Resolution in favor of 
adopting a plan for organizing a League of Nations 
be adopted? (The Motion is unanimously carried.) 

(A Motion is carried for appointing a Committee 
to draft the Constitution for the League of Nations 
of the World. The curtain falls.) 

The following exercise may be used at a Wash- 
ington Birthday entertainment, as it was used by the 
students of the Wallis School of Dramatic Art in 
Los Angeles, on the 22nd of February, 1919. 

The president of the Convention assembled ad- 
dresses them as follows: 

Ladies and Gentlemen: This is the brightest 
holiday that the sun of civilization ever shone upon. 

In all the history of the human race, the world 
has never before beheld a day of such glory. 

This memorable day calls to mind the great prob- 
lems that our forefathers, with George Washington 
at the head, had to solve in order to draft and adopt 
the Constitution for the Union of the thirteen origi- 
nal States of the United States of America. Far 
more difficult were they than those that now con- 
front the framers of the Constitution of the League 
of Nations. 

Our fathers gave in the Constitution of the 
United States, a model from which the United Na- 
tions of the World can find a splendid copy. 



THE AMERICAN REPUBLIC 75 

(The following may be recited in concert, all 
standing) : 

Standing united with thirteen other nations of 
the earth, upon the Cornerstone of Peace which has 
been laid in the Covenant of the League of Nations, 
not elbow against elbow, but hand-in-hand ; America 
with Europe in one hand and Asia in the other, to- 
gether build a NEW CONTINENTAL CIVILIZA- 
TION. 

With our backs turned forever against the God of 
War 

We henceforth and forever face the coming of the 
Prince of Peace. 

The Preamble 

In order to promote INTERNATIONAL CO- 
OPERATION and to secure INTERNATIONAL 
PEACE and SECURITY by the acceptance of obliga- 
tions not to resort to war but the prescription of 
open, just and honorable relations between nations 
by the firm establishment of the understanding of 
INTERNATIONAL LAW as the actual rule of con- 
duct among governments, and the mxaintenance of 
JUSTICE and a scrupulous respect for all TREATY 
OBLIGATIONS in dealings of Organized Peoples 
with one another, the powers signatorv to this 
COVENANT adopt this CONSTITUTION of the 
LEAGE OF NATIONS. 

The President: If Abraham Lincoln were here 
today he would only need to change a fev/ letters 
and phrases of that greatest of American speeches, 
the Gettysburg address. 

Today he might say (here lights can be arranged 
to show Lincoln appearing from the darkness of the 
past and delivers the following) : 

Seven score and two years ago our fathers 
brought forth on this continent a new nation, con- 



76 THE AMERICAN REPUBLIC 

ceived in liberty, and dedicated to the proposition 
that all men are created equal. Now, we are en- 
gaged in a great WORLD WAR testing whether that 
nation or any nation so conceived, and so dedicated, 
can long endure. 

It is for us here to be dedicated to the great task 
remaining before us, that from these honored dead 
who gave their lives that this nation might live, we 
take increased devotion to that cause for which they 
gave their last full measure of devotion; that we 
here highly resolve that these dead shall not have 
died in vain; that every nation, under God, shall 
have a new birth of freedom and that government 
of the people, by the people and for the people shall 
not perish from the earth. 

With malice towards none ; with charity for all ; 
with firmness in the right as God gives us to see the 
right, let us strive on to finish the work we are now 
engaged in to do all which may achieve a just and 
lasting peace; not for our nation only, but for all 
nations of the earth. 

Curtain 

At the plenary session of the preliminary Peace 
Conference on February 14, 1919, at 3:30 o'clock, 
President Woodrow Wilson as Chairman of the Com- 
mission on the League of Nations read and explained 
the following Covenant ^. 




To the foregoing six acts a supplementary act is 
added entitled 

THE SUPREME COURT 
Introductory. 

If it were asked, "What great document gave our 
Nation birth ?" the answer would be : ''The Declara- 
tion of Independence, Thomas Jefferson its progenitor." 

If asked what gave that other great document, the 
Constitution of the United States, its immortality and 
made our Republic superior to all others, it could as 
truly be said, "The Supreme Court of the United States, 
with Chief Justice John Marshall the leading spirit 
of its immortality." 

The Supreme Court of the United States is a creature 
of our written Constitution and is unlike any other 
tribunal in the world. It has been termed the Balance- 
wheel of the machinery of our Constitutional system. 
No other Government provides the means for a citizen 
to appear in his individual person for his rights. 

From the trial of one of the most distinguished citi- 
zens, a Vice-President of the United States, for the 
highest crime under our laws, the case of Aaron Burr 
for treason, to that of the most humble person (who 
the Court declared was not even a citizen nor endowed 
with rights that a white man was bound to respect be- 
cause he was a negro and had been once a slave), the 
Dred Scott case ; and in civil actions, from the trial of 
questions testing the fundamentals of our Constitu- 
tional Government as in the Marbury vs. Madison case 
to those having to do with laws impairing the obligation 
of individual and corporate contracts as in the Dart- 
mouth College Case, we have the widest range and 
scope of jurisdiction in our Supreme Court by means 
of which representative Democracy has exalted our 
American Republic above all others that the world has 
hitherto known. We ourselves have not yet quite full}^ 



78 THE AMERICAN REPUBLIC 

appreciated, perhaps, the great value of this depart- 
ment of our Government. 

What may be called the Declaration of Independence 
of the Supreme Court and made it independent as well 
as co-ordinate with the other departments of the gov- 
ernment is the case of Marbury vs. Madison herewith 
presented in a pantomime and short-talk scene of the 
Supreme Court of the United States. A session of 
which is given as a type for the International Supreme 
Court of the United Nations of the World. 

THE U. S. SUPREME COURT 

Scene 1. The Court Room in the Capitol Building, 
Washington, D. C. (Stage set with Door Center back 
with curtains to open at a given signal. Platform with 
railing round it. As many chairs are placed as there 
are members of the Court with the Chief Justice in the 
Center.) 

At the hour of 12 M. the Curtains are drawn aside, 
the Marshall, walking backwards, speaks with a loud 
voice: The Honorable, the Judges of the Supreme 
Court of the United States. (All present rise as the 
Judges enter, led by the Chief Justice and followed by 
the other Justices in order of seniority of appointment. 
Standing, the Chief Justice signals to the Marshall, 
who cries in a loud voice : *'0 yeaz ! yeaz ! All per- 
sons having business before the honorable, the Judges 
of the Supreme Court of the United States are admon- 
ished to draw near and give their attendance, for the 
Court is now in session. God save the United States 
and this Honorable Court. (Judges sit and the work 
of the session begins.) 

Chief Justice: The Clerk will announce from the 
Docket the next case to be argued. 

The Clerk: The next case on the Docket for argu- 
ment is a Mandamus case, MARBURY VS. MADISON. 

Chief Justice: The Counsel for Marbury, the Plain- 
tiff, will be heard. 



THE AMERICAN REPUBIvIC 79 

Counsel for Marhurij: If the Court please. The facts 
in this case are these : The plaintiff, Marbur3% had been 
appointed by President John Adams to the office of Jus- 
tice of the Peace for the District of Columbia, and his 
nomination has been confirmed by the Senate. His 
Commission had been made out, signed and sealed, but 
had not been delivered to him. When President John 
Adams went out of office and Thomas Jefferson became 
President, Jefferson's Secretary of State, James Madi- 
son, refused to deliver this Com.mission paper to the 
Plaintiff, Mr. Marbury, claiming- that the Commission 
was not complete as it had not been delivered. Presi- 
dent Jefl^erson claims that the office is still vacant, and 
will make another appointment. 

It is to be regretted that partisan politics should 
enter into this case. Marbury is a Federalist appointed 
by a Federalist President, John Adams. Jefferson is 
an Anti-Federalist, a Republican-Democrat who desires 
to fill all appointive offices with applicants from his 
own party. James Madison, the Secretary of State, 
appointed to that position by Jefl'erson, of course is of 
the same political party and now refuses to deliver to 
this Plaintiff his Commission, which of right and law 
belongs to him. Hence this Mandamus action against 
Secretary Madison to compel him to deliver to the 
Plaintiff Marbury his Commission to enable him to dis- 
charge the duties of the office of Justice of the Peace 
in the District of Columbia. 

Now, if the Court please, we think that when that 
paper was signed and sealed by the Secretary of State 
no further act was necessary to give Marbury a right 
to the office, and we submit authorities on this point 
for the consideration of this Court. 

That the Plaintifl^ had a right to ask this Court for 
a Writ of Mandamus there can be no doubt, for the thir- 
teenth section of the Judiciary Act, duly passed by 
Congress and signed by the President, gives certain 
parties that right. 



80 THE AMERICAN REPUBIvlC 

This Government is a Representative Democracy, a 
Republic, a Government of the people, and when they 
by a majority of their representatives desire to make 
a law after due consideration, there should be, there 
can be, no power on earth given authority to unmake 
it. The people through their representatives make the 
laws in this country and neither the courts nor any 
other power have the right to annul or unmake what 
the people in their sovereign capacity have legally en- 
acted into law. 

This Judiciary Act is a law made after the Constitu- 
tion and in point of time that gives it superiority to 
any law prior to it. It is true the Constitution does not 
give the Supreme Court the right to issue a Writ of 
Mandamus in its Original Jurisdiction, but the Ju- 
diciary Act by the 13th Section does so, and it is under 
this act that this action depends for its jurisdiction. 

This law is the will and wish of the people and gives 
this plaintiff a right to a Writ of Mandamus to compel 
the Secretary of State, Mr. James Madison, to deliver 
to him his Commission and we respectfully ask this 
Court to grant the Writ. 

Chief JuMce: The Defendant's Counsel will now be 
heard. 

Counsel for Defendant, Madison: If the Court 
please. We agree with Counsel for the Plaintiff that 
it is to be regretted that partisan politics should be 
referred to in this case, but of course it cannot in any 
way influence this honorable Court. Let it be said, 
however, that this case is but one of many that may be 
brought into this and other courts and therefore may 
be considered a test case. 

On the fourth of March, when President Adams* 
Administration closed, he sat up till twelve o'clock mid- 
night signing Commissions for officials he had ap- 
pointed a few days before his term expired. All these 
officials were members of the Federalist party and were 



THK AMERICAN REPUBLIC 81 

to hold offices that should otherwise be filled by Presi- 
dent Jefferson, who was the leader of the Republican- 
Democrat Party. This was very perplexing and ob- 
structive to his administration. This is one of the 
many cases where the Commission was signed too late 
to be delivered to the Plaintiff, and President Jefferson 
considers the office vacant and will appoint one of his 
political party to fill this office. 

Now, it is admitted that the Plaintiff cannot be 
capacitated to execute the duties of the office of Justice 
of the Peace until his Commission is delivered to him, 
and we claim the Defendant has a right to refuse to 
deliver it notwithstanding the fact that it had been 
signed by the President, John Adams, and sealed by his 
Secretary of State. 

But the strong arm of defense set up in this case is 
that the law granting the right to this action for a Writ 
of Mandamus is contrary to the Constitution of the 
United States in that it is not one of the powers granted 
to that Court in its Original Jurisdiction. 

The Constitution grants to this court only a limited 
number of Original Jurisdictional cases and this is not 
one of them. 

The Constitution of the United States is the Supreme 
Law of the Land, so declared in the instrument itself. 
The people themselves have adopted and ratified this 
Constitution and they cannot by a subsequent law by 
an act of Congress set it aside. The Constitution of 
the United States is unlike that of any other. It is a 
written Constitution and is declared by its own terms 
to be the Supreme Law of the Land. In Great Britain, 
where they have no written Constitution, the Parlia- 
ment is "omnipotent" above its constitution. The 
people of the United States have made their Constitu- 
tion superior to any act of Congress that would con- 
flict with it. The only way to make a law superior is 
by revolution or by changing it by amendment in a 
manner prescribed by the Constitution itself. 



82 THK AMERICAN REPUBUC 

Therein lies the fundamental difference between the 
American Constitution and those of all other countries. 

This Court will not proceed without precedent for 
there are several decisions already rendered in like 
cases in the several State Courts, citations to which 
will be made in our argument in this case. 

Therefore we submit to this honorable Court that 
the Plaintiff has no right under the Constitution to ask 
this Court for this Writ of Mandamus and we ask for 
a decision in favor of the Defendant dismissing the 
action and with costs for the same. 

The opinion of Chief Justice John Marshall in the 
Case of Marbury vs. Madison. 

The Chief Justice: The question whether an act re- 
pugnant to the Constitution can become the law of the 
land, is a question deeply interesting to the United 
States. 

The Constitution is either a superior paramount law, 
unchangeable by ordinary means, or it is on a level with 
ordinary legislative acts, and, like any other acts, is 
alterable whenever the legislature shall please to 
alter it. 

If the former alternative is true, then a legislative 
act contrary to the Constitution is not law ; if the latter 
part be true, then written Constitutions are absurd at- 
tempts on the part of the people to limit a power in its 
own nature illimitable. 

The people have an original right to establish, for 
their future government, such principles as, in their 
opinion, shall most conduce to their own happiness, is 
the basis on which the whole American fabric has been 
erected. These principles are therefore deemed funda- 
mental. And as the authority from which they proceed 
is supreme, they are designed to be permanent. 



THE AMERICAN REPUBLIC 83 

Certainly all those who have framed written Consti- 
tutions contemplate them as forming the fundamental 
and paramount law of the nation, and consequently, 
the theory of every such government must be that an 
act of the legislature repugnant to the Constitution is 
void. 

This theory is essentially attached to a written Con- 
stitution, and is to be considered by this Court, as one 
of the fundamental principles of our society. 

It is emphatically the province and duty of the Ju- 
dicial Department to say what the law is. If two laws 
conflict with each other, the Court must decide on the 
operation of each. This is of the very essence of ju- 
dicial duty. 

The judicial power of the United States is extended 
to all cases arising under the Constitution. 

In some cases then the Constitution must be looked 
into by the Judges. 

For example. It is declared by the Constitution that 
no person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on 
confession in open court. 

Here the language of the Constitution is addressed 
especially to the Courts. It prescribes directly for them 
a rule of evidence not to be departed from. If the 
legislature should change that rule, and declare one 
witness, or a confession out of Court, sufl^cient for 
conviction, must the constitutional principle yield to 
the legislative act? 

From this it is apparent that the f ramers of the Con- 
stitution contemplated that instrument as a rule for 
the government of courts as well as of the legislature. 
Otherwise why does it direct the judges to take an oath 
to support it? 

The oath is in these words : "I do solemnly swear 
that I will administer justice without respect to per- 



84 THE AMERICAN REPUBIylC 

sons, and do equal right to the poor and to the rich ; and 
that I will faithfully and impartially discharge all the 
duties incumbent on me as . . . according to the 
best of my abilities and understanding agreeably to 
the Constitution and laws of the United States." Why 
does a judge swear to discharge his duties agreeably 
to the Constitution if it is closed upon him and cannot 
be inspected by him. 

If such be the real state of things, this is worse than 
solemn mockery. To subscribe to or take this oath, be- 
comes equally a crime. 

It is worthy of observation that in declaring what 
shall be the supreme law of the land, the Constitution 
is the first mentioned and not the laws of the United 
States generally, but those only which shall be made 
in pursuance of the Constitution have that rank. 

Thus the Constitution of the United States confirms 
and strengthens the principle essential to all written 
Constitutions that a law repugnant to the Constitution 
is void; and that Courts as well as other departments 
are bound by that instrument. 

The Constitution gives this Court Original Jurisdic- 
tion only in the following cases : ''In all cases affecting 
Ambassadors or other public ministers and consuls, and 
those in which a state shall be a party, the Supreme 
Court shall have Original Jurisdiction. (Clause 2, 
Section 2, Art. III.) 

The 13th Section of the Judiciary Act passed by Con- 
gress purports to give this Court jurisdiction to issue 
Writs of Mandamus. It is not warranted by the Con- 
stitution and is therefore repugnant thereto and void, 
and this Court must refuse the Writ asked for. 

However it is the unanimous opinion of this Court 
that when the Commission was signed and sealed the 
appointment was complete and vested in Marbury a 
legal right to the office. That to withhold this Commis- 
sion was violative of that legal right and for this wrong 



THE AMERICAN REPUBLIC 85 

a Writ of Mandamus, if issued by a Court of competent 
jurisdiction, is the appropriate legal remedy. 

The Clerk will call the next case. 
(Curtain) 



The opinion of Chief Justice Marshall for the Court 
in the case of Marbury vs. Madison was the first case 
to decide a law unconstitutional. 

'This case made this Court and our system of Gov- 
ernment unique and different from all others in the 
world and gave our courts the unprecedented appela- 
tion of 'the Balance-Wheel of the Government.' " — 
Woodrow Wilson. 

Two or three other cases can be very easily arranged for 
scenes of trial in the Supreme Court. 

The Dartmouth College case where Webster's celebrated per- 
oration and the far reaching decision on the law relating to the 
OBLIGATION of CONTRACTS may be used very interestingly. 

The Treason Trial of Aaron Burr or the Dred Scott case with 
Chief Justice Taney's decision is perhaps the most dramatic 
scene ever viewed in any court and can very easily be arranged 
from the above model. 




